Citation Name: 2023 PLC(CS) 1243 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case SHER HASSAN PE

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Citation Name: 2023 PLC(CS) 1243 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case SHER HASSAN PERVEZ VS The REGISTRAR, LAHORE HIGH COURT, LAHORE Judicial Officer---Performance Evaluation Report---Remarks passed by the Reporting officer---Whether remarks "Advisory" or "Adverse"---District and Sessions Judge passed remarks against Civil Judge as "late-comer who likes to avoid duty" in his Performance Evaluation Report---Appellant (Civil Judge) impugned the remarks-in-question considering the same as "adverse", however, his representation was declined---Contention of the respondent (Registrar High Court) was that the remarks-in-question were "advisory" in nature---Validity---Although the appellant tendered unconditional apology but explanation tendered by him showed that he was late on two occasions by 10 minutes and one hour respectively, which he had duly intimated regarding his short leave , thus his unconditional apology did not suggest that the appellant was a habitual late-comer who liked to avoid duty---Mere caption of the remarks was not the determining factor, rather nature and essence of the remarks would lead to the conclusion as to whether the remarks were "Advisory" or "Adverse"---Adverse remarks indicated the defects or deficiencies in the quality of work or performance or conduct of a civil servant except the words in the nature of counsel or advice---Adverse remarks could be deciphered from the words used by the Reporting Officer in his remarks and the impact those words might have on the reputation and general image of the officer---Adverse remarks did not become advisory even if the Reporting Officer himself had called them advisory or the Authority had treated them so---Advisory remarks, at the time of promotion of the Civil Servant, would become adverse carrying stigma if it was found that despite the advice the Officer did not make an improvement---High Court observed that the remarks-in-question were "adverse" and could not be considered "advisory" by any stretch of imagination---Record did not provide basic or direct evidence for passing of the remarks-in-question---Record also did not reveal that any counseling or warning was ever issued to the appellant warning him for alleged lapse of being late repeatedly---High Court set-aside impugned order, consequently impugned remarks stood expunged---Appeal was allowed, in circumstances.

Citation Name: 2023 PLC(CS) 1243 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case SHER HASSAN PERVEZ vs The REGISTRAR, LAHORE HIGH COURT, LAHORE Judicial Officer — 2023 PLC(CS) 1243 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

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