How to Challenge Adverse ACRs / Performance Reports in Islamabad & Peshawar Service Tribunals?

Civil servants serving in Islamabad or Peshawar frequently grapple with the repercussions of adverse Annual Confidential Reports (ACRs) or performance evaluation reports, which can derail promotions, trigger disciplinary actions, or even lead to premature retirements under the Civil Servants (Appraisal) Rules, 2023, or the Efficiency and Discipline Rules, 2017. These evaluations, often based on subjective assessments by reporting officers, may reflect biases, incomplete facts, or procedural lapses, necessitating a robust challenge mechanism to safeguard career integrity and financial rights. The Federal Service Tribunal (FST) in Islamabad and the Khyber Pakhtunkhwa Service Tribunal (KPST) in Peshawar offer the primary statutory forums for such disputes under the Service Tribunals Act, 1973, allowing appellants to seek expunction, modification, or reconsideration of these reports on grounds of natural justice violations or arbitrariness. This comprehensive guide provides an in-depth, step-by-step exposition of the procedural pathways, informed by the Service Tribunals (Procedure) Rules, 1974, and recent judicial precedents as of September 15, 2025. As Nouman Muhib Kakakhel – Lawyer & Legal Consultant, specializing in service law across these jurisdictions, I emphasize that while internal representations precede tribunal appeals, early legal intervention can prevent escalation, with success rates hovering around 60% in meritorious cases per 2025 tribunal statistics, though procedural defaults remain a common pitfall.

The legal bedrock for challenging adverse ACRs traces to Article 10-A of the Constitution, guaranteeing fair trial rights, and Section 4 of the Civil Servants Act, 1973, which mandates communication of adverse remarks for representation. Tribunals, as quasi-judicial bodies, review these under their appellate jurisdiction, focusing on whether reports were communicated timely (within 15 days per Appraisal Rules), opportunities for rebuttal provided, and evaluations free from malice, as affirmed in the Supreme Court’s 2025 SCMR 489 ruling, which scrutinized both federal and provincial Service Tribunal Acts for procedural equity. For federal employees in Islamabad, FST jurisdiction applies to ministries and autonomous bodies, while KPST covers provincial cadres in Peshawar. As of September 15, 2025, the Service Tribunals (Amendment) Bill, 2025—introduced on August 12, 2025, in the National Assembly—remains pending, proposing extensions to condonation periods under Section 5 but leaving current 30-day filing limits intact. Digital enhancements, like FST’s online judgment portal and KPST’s CFMIS e-filing, streamline processes, yet manual scrutiny persists for evidentiary rigor.

Understanding Challenges to Adverse ACRs / Performance Reports: Legal Foundations and Eligibility

Challenging adverse performance reports constitutes a core service dispute, targeting ACRs graded below “Satisfactory” or containing remarks impugning integrity, efficiency, or conduct, which influence career milestones per Establishment Division O.M. No. F.10/15/2012-R.3 (2014) on ACR communication. Eligibility requires civil servant status (BPS-1 to 22, including notified corporations), a finalized ACR communicated via Form ACR-IV, and prejudice demonstration—e.g., blocked promotion under Rule 5 of Promotion Rules or invoked in E&D proceedings. Appellants must exhaust administrative remedies: a representation to the next superior officer (reporting or reviewing) within 30 days of communication, followed by an appeal to the authority (e.g., secretary) if unresolved within 45 days, per Rule 7 of Appraisal Rules. Only then does tribunal jurisdiction activate, excluding interim or uncommunicated reports, as tribunals lack suo motu powers.

Timelines are sacrosanct: 30 days from the appellate authority’s order (or deemed refusal), condonable under Section 5 for causes like non-communication or illness, backed by affidavits—courts, per PLJ 2025 Tr.C. (Services) 85, liberally condone in bias cases but dismiss unexplained delays. Preparation involves evidentiary collation: original ACR forms, representation copies, comparative ACRs of peers, witness statements on performance, and precedents like FST Appeal No. I.B. 462(R)CS/2025 (cause list August 28, 2025), where adverse remarks were expunged for lack of hearing. No court fees apply, but security deposits (PKR 2,000-5,000) and notice costs accrue, with digital mandates requiring OCR PDFs. Tribunals assess on preponderance of probability, often directing inquiries if mala fides alleged, aligning with 2025 SCLR 19’s emphasis on administrative accountability.

Filing a Challenge to Adverse ACRs in Federal Service Tribunal (Islamabad): Detailed Procedural Guide

The FST, ensconced at the Federal Judicial Academy in Islamabad, adjudicates federal civil servants’ ACR disputes with a docket exceeding 200 such appeals in 2025, per August cause lists. For Islamabad-based employees, initiating a challenge to adverse ACRs invokes the 1974 Rules, augmented by the MIS portal at https://federalcourts.molaw.gov.pk/judgementSearch for precedent access.

Commence with the memorandum of appeal under Rule 5: typed/printed, succinct yet comprehensive, featuring numbered paragraphs chronicling the ACR cycle (e.g., “Reporting officer graded ‘Below Average’ on 15.06.2025 without specifics, communicated 20.07.2025”), grounds (e.g., Rule 4 violation for non-opportunity to explain, Article 10-A breach), and prayers (expunction, neutral grading, consequential benefits like arrears). Detail parties—appellant as BPS-18 officer, respondents as reporting officer and Establishment Division—and relief quantum.

Annexures per Rule 6(e) are pivotal: (i) communicated ACR copy; (ii) representations and replies; (iii) service book excerpts; (iv) affidavits from colleagues corroborating performance; (v) rules excerpts (Appraisal Rules, 2023). For condonation, append a petition narrating delay causes, as in 2025 SCMR 489 where non-communication justified extension. Prepare three copies plus respondent sets, signing personally.

File via registered post or in-person (9 AM-4 PM) to the Registrar, FST, Islamabad—advocates may represent. The Registrar examines Rule 6 compliance; defective appeals return for 14-day amendments, else dismissal. Registered appeals trigger Rule 9 notices to respondents (14 days for para-wise comments), scheduling preliminary hearings for admissions or defects. Merits hearings before Chairman Justice (R) Rooh-ul-Amin Khan’s benches involve rejoinders, evidence via affidavits (oral testimony exceptional for credibility issues), and record summons—often concluding in 4-9 months with orders directing expunction if procedural flaws proven, enforceable as decrees under Section 17. Track via portal; Supreme Court appeals lie within 60 days on law. A July 2025 cause list highlights 15 ACR cases, underscoring prevalence.

Filing a Challenge to Adverse ACRs in Khyber Pakhtunkhwa Service Tribunal (Peshawar): Exhaustive Step-by-Step Process

KPST in Peshawar, handling provincial employees’ grievances across 36 districts, processed over 150 ACR challenges in early 2025 per CFMIS data, leveraging e-filing to mitigate regional access barriers. For Peshawar-serving staff, a challenge to performance reports aligns with adapted 1974 Rules and 2023 SOPs at http://cfmis.kpst.gov.pk/efiling.

Register on CFMIS: advocates submit Bar Council PDFs (300 DPI, 2MB), litigants CNICs and affidavits—login issued in 24-48 hours. Draft the memorandum mirroring FST: synopsis (1-page overview), facts (e.g., “Adverse remark on integrity dated 10.05.2025, representation rejected 05.08.2025”), grounds (KP Appraisal Rules non-adherence, bias evidence), prayers (modification to ‘Satisfactory’, promotion directions), in English/Urdu, A4, 1.5 spacing, Times New Roman 14pt, bookmarked PDF (8MB max).

Annexures parallel federal: ACR form, representations, performance logs, peer affidavits, and KP-specific O.M.s (e.g., No. SOR-III/5-1/2014 dated 2015 on ACRs). Condonation requires affidavit, as in WP No. 5410-P/2024 (PHC May 27, 2025) upholding tribunal condonation for delayed notice. Submit two extra sets for members and AG.

E-file: upload via dashboard, generate diary number, pay PKR 1,000-5,000 security through DASTAK App (Easypaisa integration), attach receipt. Checklist flags issues for 7-day cures. Registrar notifies respondents electronically, fixing preliminary in 15 days per September 1, 2025 cause list. Hearings before Member (Judicial) Rashida Bano or Executive benches feature replies (21 days), hybrid Zoom for districts, and evidence—resolutions in 5-10 months, with expunction common for uncommunicated remarks per 2024 Dawn report on judicial restorations. Track at http://cfmis.kpst.gov.pk/view/; query registrar@kpst.gov.pk. June 2, 2025 cause list lists multiple ACR fixes.