FAZAL RAZIQ vs The GOVERNMENT OF PAKISTAN through Secretary Establishment Division, Islamabad Retired officer — 2024 PLC(CS) 1419 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLC(CS) 1419 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLC
Parties: FAZAL RAZIQ vs The GOVERNMENT OF PAKISTAN through Secretary Establishment Division, Islamabad Retired officer
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAZAL RAZIQ VS The GOVERNMENT OF PAKISTAN through Secretary Establishment Division, Islamabad Retired officer---Proforma promotion---Withholding of promotion on the ground of adverse entries in Performance Evaluation Reports (PERs) by the reporting officer---Disagreement by the Countersigning Officer---Effect---Non-communication of adverse Annual Confidential Report (ACRs) in which petitioner had been rated as "average"---Effect---Contention of the petitioner was that promotion of the petitioner could not be withheld on the basis of adverse entries in the Annual Confidential Report (ACRs), which were neither endorsed by the Countersigning Officer nor communicated to the petitioner---Validity---Case of the petitioner was not properly considered by the Selection Committee while observing that "his PERs for the last two years reflect that he is unfit for promotion", because, the record spoke otherwise and the remarks recorded by the Countersigning Officer were to be given weight, and the entries pertained to 'unfit for promotion' given by the Reporting Officer, lost their efficacy---Promotion case of the petitioner had not been dealt with even handedly, because the moment High Court directed the respondents for decision of his departmental representation, average ACRs were recorded thereafter for the years 2016 and 2017, which were even against the PERs Instructions, which required finalization of such ACRs by Reporting Officer on 20th July and by Countersigning Officer on 31st July, while in the instant case, the ACRs were belatedly written, which spoke volumes about the treatment meted out to the petitioner---Promotion cannot be withheld on the basis of earning average ACR---Constitution petition was allowed accordingly.

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