ORDER

Leave granted. Heard learned counsel for the parties.

2. This appeal by special leave arises from the Judgment of the Allahabad High Court, Lucknow Bench, made on 2.12.1993 in Writ Petition No. 9458 (SS)/93.

3. The adverse remarks for the years 1987-88 and 1988-89 were recorded in the confidential reports of the respondent. As a consequence, he was not promoted. When claim was made before the Service Tribunal, the Service Tribunal allowed the petition and quashed the adverse remarks recorded for the periods from 1.12.1988 to 31.3.1989 and 1.4.1989 to 30.9.1989. While recording that, the Tribunal held that the remarks made by the Secretary, Food & Civil Supplies were due to malice and they smack of arbitrariness. The High Court on a writ petition, by the impugned order, has affirmed the same. Thus, this 1878 appeal by special leave.

4. In S. Ramachandra Raju v. State of Orissa1, this Court underlined the need to write confidential reports objectively, fairly and dispassionately in a constructive manner either commenting/downgrading the conduct, character, efficiency or integrity of the officer in that behalf. It is stated in para 11 that from the year 1973-74, the perform