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1992 Supreme(Raj) 235

FAROOQ HASAN
Ram Avtar Khandelwal – Appellant
Versus
High Court of Judicature for Rajasthan At Jodhpur Through its Registrar – Respondent


Advocates Appeared:
R.D. Rastogi, Advocate, for Petitioner R.M. Lodha, Advocate, for Respondent

HASAN, J.—The petitioner seeks two fold reliefs in this writ petition, viz. (i) for quashing an adverse remark in his Annual Confidential Report for the year 1983 conveyed to him vide Annexure 5, dated September 13, 1989, and (ii) for promoting him to the post of Civil Judge-cum-Addl. Chief Judicial Magistrate from the date his juniors were so promoted, with all other consequential benefits.

(2) Undisputed facts are thus. The petitioner was appointed as Munsif & Judicial Magistrate and was confirmed. Vide order (Ann. 3) dated August 3, 1989, six Judicial Officers holding posts of Munsif & Judicial Magistrate, namely, Shiv Dayal Gupta, M.A. Siddique, Om Prakash Sharma II, Naresh Chandra Rawat, Narain Das Bilochi, Chandra Prakash Singh, out of whom last four persons are admittedly juniors to the petitioner, were given promotion to the post of Civil Judge-cum-Addl. Chief Judicial Magistrate, and against that, the petitioner made his representation vide Annexure 4, dated August 8, 1989. Vide Annexure 5, dated September 13, 1989, the petitioner was communicated the adverse remarks made in his Annual Confidential Report for the year 1983 as under :

"Integrity highly doubtful. He is not fai

















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