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Civil Petition for Special Leave to Appeal No. 890 of 1979, decided on lot December, 1980.

(On appeal against the order of the Punjab Service Tribunal dated 17th June, 1979, passed in Appeal No. 119/220 of 1976).

.--- S.4_Entires Annual Confidential Reports-Held: Final orders subject only to their expunction by a higher authority.

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-- S. 4-Terms and conditions of Service--Annual Confidential Reports-Held: Very much a part of terms and conditions of service-Entries in annual confidential reports made and expunged on basis of positive instructions and rules and can be made basis for retiring a person from service--Appeal against remarks in annual confidential reports, hence, competent before Service Tribunal and such Tribunal competent to expunge such remarks. [Civil services].

Sh. Ifaz Ali, Advocate-on-Record for Petitioners.

Date of hearing : 1st December, 1980.

-Masood Ahmad Khan, a Prosecuting Inspector of Police, was posted in Gujrat. The Superintendent of Police of that district recorded the remarks in dispute in the Annual Confidential Report for the period 15th August, 1975 to 31st December, 1975. He filed an appeal and by its order dated 17th June, 1979, the Punjab Services Tribunal expunged these remarks. Hence, this petition for special leave to appeal.

2. It has been submitted before us that an appeal lies only against a final order and that the remarks are not a final order in any case because they are meant only to give opportunity to the persons to correct themselves. We find absolutely no merit in this submission. The entries in the Annual Confidential Reports are a final order subject 4 only to their expunction by a higher authority.

3. It was also submitted that an appeal lies only against an order pertaining to the terms and conditions of service and that an entry in the Annual Confidential Report does not fall within that category. We again do not see eye to eye with the learned counsel on this point. Annual Confidential Reports are very much a part of the terms, and conditions of the service of an employee. There are positive instructions and rules on the basis of which these entries are made and on the basis of which they can be expunged. It is not denied that they can be made the basis for retiring a person from service. This petition has no merit and is dismissed.

Petition dismissed.

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