JUDGMENT Syed Deedar Hussain Shah, J.-This appeal by leave of the Court is directed against judgment dated 10.3.1996, passed by the N.W.F.P. Service Tribunal, Peshawar (hereinafter referred to as the Tribunal) in Appeal No. 526 of 1995. 2. Briefly stated the facts of the case are that respondent Mst. Bilquis Begum during the year 1993-94 was working as an Assistant Professor of physics, Government Girls College, Timargara, District Dir. The Principal, Government Girls College, Thana, sent a letter dated 24.11.1994 to the respondent, while she was posted as Assistant Professor of Physics at Government Girls College, Thana, Malakand Agency, instructing her that she should mend her insulting behaviour towards the Laboratory Attendant. It may be mentioned that another letter, dated 28.11.1994 was also sent to the respondent asking her to explain the same accordingly. When the respondent received the said letters from appellant No. 1, she submitted reply to the same. It is very interesting to note that appellant No. 1, the Principal, Government Girls College, Thana, with mala fide intention had already sent adverse remarks against the respondent to appellant No. 2, the Assistant Director of Education (Colleges), N.-W.F.P. Peshawar, but the same fact was intentionally concealed from the respondent and it was later on after passing more than one year that the respondent was sent as envelope dated 3.5.1995, and she was shocked to see the impugned adverse remarks in her Annual Confidential Report. The respondent preferred a representation to appellant No. 4, Secretary to Education, who sent the same to appellant No. 3, for disposal, who passed the impugned order dated 18.7.1995. 3. Feeling aggrieved, the respondent filed service appeal, which was accepted by the Tribunal, vide impugned judgment dated 10.3.1996. 4. Vide order dated 28.5.1997 leave to appeal was granted to consider the following contentions raised by their learned counsel :- "It was contended by the learned counsel for the petitioners that in spite of proper counselling and advice the respondent failed to improve her adverse behaviour, therefore, the aforementioned entries were made in her A.C.R. In the absence of any mala fide, according to the learned counsel, re-attributed to the Reporting Officer as well as to the Countersigning Officer the Tribunal s order that the entries in the A.C.R. be expunged is in excess of jurisdiction. 5. 5. Sardar Shaukat Hayat, learned Additional Advocate-General N.-W.F.P., inter alia, contended that the impugned judgment of the Tribunal is not in accordance with law and the Tribunal did not consider the available material, which has resulted in miscarriage of justice; that the respondent had no cause of action to approach the Tribunal and her appeal was based on misconception and irrelevant grounds; that adverse remarks against the respondent were very much relevant; that she did not prove mala fide against her on the part of the Reporting Officer, and the impugned judgment is not maintainable. 6. Mr. M. Zahoor Qureshi, learned Advocate Supreme Court for the respondent supported the impugned judgment and pointed out that overall record of the respondent was very clean; no adverse, entry was recorded against her and at the time of hearing of the appeal she was promoted and was working as Principal, Government Girls College, Timargara, District Dir; and the adverse remarks recorded against her actually were advisory in nature; and that if the Tribunal had not interfered, the entire career of the respondent might have been spoiled. 7. We have considered the arguments of learned counsel for the parties and minutely examined the record. It would be pertinent to refer to the relevant paragraph of the A.C.R. from page 29 of the paper book, which reads as under:- "(a) ...... (b) ...... (c) Assessment of performance : Her performance of duties was so, so she is advised to be more realistic; less problematic and less jealous. 8. Actually the matter was initiated against the respondent on the complaint of Humayun, Electrician mentioning therein that he had brought his own volt meter to trace out the fault of electricity, but the respondent claimed that the said meter was the property of the college and in the aforesaid letter complainant Humayun also mentioned that he is ready to take oath on the Holy Qur an regarding the ownership of the said meter, and if respondent Mst. Bilquis takes oath on Holy Qur an then he will return the meter. In any case, it was not befitting on the part of the Electrician to ask the respondent, who was working as Assistant Professor at the relevant time, to take special oath for the ownership of petty electric meter. Bilquis takes oath on Holy Qur an then he will return the meter. In any case, it was not befitting on the part of the Electrician to ask the respondent, who was working as Assistant Professor at the relevant time, to take special oath for the ownership of petty electric meter. The other allegations against the respondent relate to those students, who, according to the record, were not studying in the college and their names were not mentioned in the roll. The overall performance of the respondent has been appreciable. She performed her duties to the best of her ability, which is reflected from her attendance in the relevant register of the college as well as the result of her students, who passed the relevant subjects and the same is also supported by documentary evidence as Annexure B to the record of the Tribunal. We have also found that at the time of impugned judgment the A.C.Rs. were recorded against the respondent for the year 1994, whereas subsequently she was promoted as a Principal. This shows that overall performance of the respondent was very well, therefore, she was promoted. The Tribunal after going through the available record allowed the appeal of the respondent. The impugned judgment is based on the principles of fairplay, equity and justice, which is not open to exception. It would be advantageous to refer here the relevant paragraph of the impugned judgment, which reads as under :- "On factual side it is crystal clear that the appellant is an Assistant Professor of Physics now working as Principal, Government Girls College, Timargara, District Dir having a long spotless career of service. The alleged complaint and letter produced by the respondent department seems baseless and afterthoughts as the girls mentioned in these letters were never recorded as students in the said college. The appellant has placed on record the Gazette notification of the result of Part-I students of Government Girls College, Thana Malakand Agency. The names of these girls do not appear anywhere. The appellant has placed on record the Gazette notification of the result of Part-I students of Government Girls College, Thana Malakand Agency. The names of these girls do not appear anywhere. Moreover the overall attendance and performance of the appellant is quite satisfactory which is clear from the result of her students reflected in Annexure-B. There might be some sort of tussle between the teachers but apparently nothing is serious to reward the appellant with an adverse entry as the output of the appellant in the shape of the result of her students is quite excellent and she is very punctual, as the tinge of mala fide on behalf of respondent No. 1 cannot be brushed aside and last of all it is very strange that the impugned adverse remarks Annexure-G are dated 30.4.1993 although the said report is for the year 1994 i.e. 1.1.1994 to 31.12.1994. The respondents attributed this to be a clerical mistake, anyhow they should be vigilant that such an important document in the character roll of the appellant should not be misdated. With these observations we accept the present appeal, set aside the impugned order dated 18.7.1995 and also order that the adverse entry for the year 1994 i.e. 1.1.1994 to 31.12.1994 in the service record of the appellant should be expunged forthwith." 9. For the facts and reasons mentioned hereinabove, we maintain the impugned judgment of the Tribunal and dismiss the appeal leaving the parties to bear their own costs. Appeal dismissed. ***************** Parallel Citation of other Journals : Prinicipal, Government Girls College Thana Malakand Agency & Ors. v. Mrs. Bilquis Begum, 2003(4) Supreme 405 : (Pakistan SC) 00086