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2019 Supreme(Gau) 587

N.KOTISWAR SINGH
Brahmanand Patiri – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Nath, Advocate
For the Respondent:S. Dutta, Advocate

ORDER :

N. KOTISWAR SINGH, J.

1. Heard Mr. N. Nath, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned standing counsel for the Forest Department.

2. The petitioner is aggrieved by certain remarks entered by the Reporting Officer in his ACR for the period of 2010-11 (from 4.1.2010 to 31.3.2011), in which the following remark was made under the column, "General remarks, if any" of ACR form:

"Sometime speaks wrong thing at wrong place and wrong time"

3. The contention of the petitioner in brief is that the said remark was totally out of place made by the Reporting Officer, which will be clearly evident if one goes through the entire ACRs recorded by the same Reporting Officer not only in the particular assessment year in issue, but also in subsequent assessment years and also the observations and remarks made by the Reviewing and the Accepting Authorities.

4. It has been submitted also that the said remark was never made known to the petitioner, i.e., he was never communicated such an adverse remark.

5. Learned counsel for the petitioner submits that the aforesaid rema

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