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1988 Supreme(Raj) 283

J.S.VERMA, G.K.SHARMA, FAROOQ HASAN
Tayyab Ali – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
G.S. Singhvi, S.K. Keshote, Man Singh, U.D. Sharma, & H.C. Ranka, for Petitioner; G.C. Chaterjee, Govt. Advocate; Ajay Purohit, Addl. Govt. Advocate.

J.S. VERMA, C.J.—The question referred to this Bench for decision is the following: -

"Whether an adverse entry in the Annual performance Appraisal Report of the Government Servant will fall under Clause (v) of Sec. 2(f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 and the Service Appellate Tribunal will have jurisdiction to entertain an anneal in the matter?"

2. The occasion for making this reference arose when the Division Bench before which this petition came up for hearing was inclined to take the view that an adverse entry in the Annual Performance Appraisal Report of a government servant tails within the ambit of sub-clause (v) of clause (f) of Section 2 of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act 1976 (for short the Act). This was also the view of an earlier Single Bench in the State of Rajasthan V. Narendra Singh Verma (1), but a contrary view was taken by another Division Bench in Dr. Dinesh Mathur V. Rajasthan Civil Service Appellate Tribunal, Jaipur (D. B. Civil Writ Petition No. 67 of 1984 decided on May 10, 1988). Accordingly, this reference was made to settle the controvert on the point.

3. A brief referenc























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