PHC orders to expunge adverse remarks from judge’s ACR

PESHAWAR: The Peshawar High Court (PHC) on Wednesday ordered removal of adverse remarks from the Annual Confidential Report (ACR) of a civil judge Muhammad Jamshed Kundi.

A two-member bench comprising Justice Yahya Afridi and Justice Muhammad Ayub Khan allowed writ petition of a civil judge, filed for deletion of adverse remarks in his ACR. During hearing, Mian Hikmat Shah, counsel for the petitioner, submitted that his client is a judicial officer and for the first time he disposed of hundreds of cases through Alternate Dispute Resolution (ADR).

He argued that the civil judge had also received commendation certificates for disposing of cases through ADR in far-flung mountainous areas of the province, where access of the litigants to courts is difficult.

The lawyer submitted that during this period, management of the high court started an inquiry on the ground that the petitioner's judge had received money. He submitted that to conduct such an inquiry against a judge, who was delivering justice to people at their doorstep, was unlawful as under Rules 85 of Order 85 of Civil Procedure, a judge is authorised to decide case on spot inspection.

The lawyer said that under the law, a judge through an order can direct the litigant to submit low cost of the case with the reader as expenses of the inspection to the far-flung area. He said that the inquiry against the petitioner was unlawful that affected his seniority. The lawyer requested the court to allow the petition and expunge the adverse remarks from the ACR of the judge.