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2004 Supreme(Raj) 117

FATEH CHAND BANSAL, SHIV KUMAR SHARMA
Vinod Kumar Agarwal – Appellant
Versus
High Court of Judicature for Rajasthan – Respondent


Advocates Appeared:
S.P. Sharma, Advocate for the Appellant
Prem Shankar Asopa, Sr. Advocate and Ajay Rastogi, Advocate for the Respondents

Judgment

Shiv Kumar Sharma, J.-The petitioner who was a member of the Rajasthan Higher Judicial Service, in these writ petitions seeks to quash and expunge the adverse remarks made in his ACRs for the year 1995, 1996 and 1997. Prayer has also been made to set aside the orders of the High Court whereby the representations of the petitioner against the adverse remarks were rejected.

2. The adverse remarks that were conveyed to the petitioner were as under:-For the year 1995 “Many complaints against his behaviour at the time of inspection by Hon’ble Inspecting Judge. Reports

about integrity were also made, however they could not be substantiated. Over all the officer can be rated

below average. Members of bar boycotted his court for a long time.”

For the year 1996:

“Integrity not beyond doubt. He is not fair and impartial in dealing with the public and bar. He, is hasty in action and short tempered person and do not maintain judicial restraint. He mixes with litigants and advocates appearing before him and utilises their services about vehicles etc. capacity to files systematically-zero. Whether Judgment s on facts and law are on the whole, sound, well reasoned and expressed in good L









































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