JUDGMENT

Ranjan Gogoi, J.:-

1. By a communication dated 17.5.2000 issued by the Registrar General of the Patna High Court the respondent herein was informed that he would retire from the service on completion of 58 years of age. The said communication of the Registrar General was, inter alia, based on a decision of the High Court on the administrative side taken in a meeting of the Full Court held on 6.5.2000 wherein the decision of its Evaluation Committee dated 2.5.2000 not to extend the service of the respondent beyond the age of 58 years was approved. All the aforesaid decisions being challenged, were set aside by the High Court by its order dated 20.2.2001 and the matter was directed to be reconsidered. Aggrieved, the High Court is in appeal before us.

2. A perusal of the order under challenge goes to show that two reasons, in the main, had prevailed upon the High Court to arrive at the impugned conclusion. The first is that the negative remarks/adverse comments recorded in the Annual Confidential Report (ACR) of the respondent on 15.12.1995 were not communicated to the respondent and the foundational facts for the said remarks are wholly unsubstantiated. It was also found by