JUDGMENT :

VIJAY BISHNOI, J.

1. The petitioner, who is a member of Rajasthan Judicial Service, has filed this writ petition with a prayer to expunge the adverse remarks made in his Annual Confidential Report for the year 2014-I so also to set aside the communication dated 26.02.2020, whereby the representation filed by him for expunging/upgrading the adverse remarks made in his ACR for the year 2014-I has been rejected.

2. The petitioner was selected and appointed on the post of Judicial Magistrate on 08.02.1996. He was promoted to the post of Additional Chief Judicial Magistrate-cum-Civil Judge (Sr. Division) on 06.08.2002 and thereafter in the month of April, 2014, he was promoted to the cadre of Rajasthan Higher Judicial Service, however, vide letter dated 10.12.2015, he was reverted back to the cadre of Rajasthan Judicial Service.

3. The petitioner was in receipt of letter dated 04.09.2015, whereby the remarks recorded in his ACR for the year 2014 were communicated to him. Copy of the letter dated 04.09.2015 is reproduced hereunder:

“CONFIDENTIAL

REGISTERED

No.PA/RG/5(1)/2015/1715

Date: 4/9/15

From:

The Registrar General,

Rajasthan High Court,

Jodhpur

To:

Shri Ratish Kumar Garg

Addl. District & Sessions Judge.

Chhabra (Baran)

Sub: Communication of remarks recorded in the Annual Confidential Report for the year 2014 – regarding.

Sir,

I am directed to inform you that the following remarks have been recorded in your Annual Confidential Report(s) for the year 2014 :-

"2014-I: Integrity of the officer-Doubtful. If he is fair and impartial in dealing with the Public and the Bar-No.

Capacity of handle file systematically -Does not capable to handle file systematically without taking evidence passes full trial judgments on order sheets itself. Whether judgments on facts and law are on the whole, sound, well reasoned and expressed in good language -No. most of the judgments are based on confession. (List of full trial judgments enclosed)

Whether the disposal of work is adequate --Yes.

But most of work done is on the basis of confession and shown as full trial judgments.

Control over the office and administrative capacity and tact.-He is tactful but not having good administrative control over the office since his return no.5(Part I) was not based on correct figures (enclosed a copy herewith).

Capacity to control the proceedings in court, with firmness and follow the procedure prescribed by law-He has not followed the procedure prescribed by law and delivered full trial judgments only on order sheets without taking or recording the evidence (A list of such judgments is enclosed.). Below Average.

On the basis of work done by Shri Ratish Kumar Garg it reflects that the integrity of the officer is doubtful (Integrity certificate withheld).

I find no reason to differ from the views expressed by the D.J., apart from it I called for certain judgments for perusal quality of judgments is poor.

2014-II – Very Good.”

4. In the ACR for the year 2014-I, the Reporting Officer graded the performance of the petitioner as “Below Average”. The Inspecting Judge-cum-Administrative Judge concurred with the view expressed by the Reporting Officer, however, additionally observed that apart from the above assessment of the petitioner by the Reporting Officer, after perusal of the judgments delivered by the petitioner, the quality of the judgments delivered by the petitioner are found to be poor. Hon’ble the then Chief Justice concurred with the above assessment.

5. After receiving the communication in respect of the ACR for the year 2014, the petitioner filed a representation with a prayer for expunging/upgrading the adverse remarks made in the ACR for the year 2014-I, however, the said representation came to be rejected solely on the ground that it was time barred.

6. Being aggrieved with the rejection of the representation, the petitioner preferred D.B.Civil Writ Petition No.1135