RAJASTHAN HIGH COURT
M.R.Calla, A.C.Goyal, JJ.
S.K. Bansal - Appellant
Versus
Rajasthan High Court - Respondent
Civil W.P. No. 1748/2000.
Decided On : 1-11-2002
A. Constitution of India, Article 311 - ACR - Because no procedure or written guidelines are available, the communication of adverse remarks is deemed to be recorded when the requirements are satisfied.
B. Constitution of India, Article 311 - ACR - Adverse remarks that the concerned Judicial Officer lacks sound reputation were recorded in A.C.R. for the year 1982 - Held the remarks to be absolutely vague and unsustainable - no objective material to justify the subjective satisfaction of Reporting Officer for recording such a remark which tarnishes the reputation of a Judicial Officer - non compliance with the requirement of fair play.
"He must improve his relations with the staff and judicial officers, He is more interested in deciding criminal cases. He should improve the image." For the year 1981
"Should improve his relations with the staff and brother officers. Quality of his judgments needs improvement."
For the year 1982
"Does not keep good relations with his staff and the members of the Bar. His knowledge of law and the quality of his judgments need improvement. He does not enjoy sound reputation."
(a) The respondent may kindly be called upon to produce the entire record pertaining to the case;
(b) The adverse entries made in the A.P.A.Rs. of the petitioner pertaining to the year 1980, 1981 and 1982 may kindly be quashed and expunged.
(c) The respondent High Court may kindly be directed to award all consequential benefits to the petitioner.
(d) The respondent may kindly be restrained from taking into consideration the said adverse entries against the petitioner in any manner whatsoever;
(e) Cost of the writ petition may also kindly be awarded to the petitioner.
(f) Any other appropriate writ, order or direction which may be considered just and proper in the facts and circumstances of the case may kindly also be issued in favour of the Petitioner."
State of Gujarat v. Patel Raghav Natha AIR 1969 SC 1297
State of Haryana v. P.C. Wadhwa AIR 1987 SC 1201 = 1987(2) SLR 393 (SC)
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