The main legal point established in the judgment is that the instructions for recording ACRs are non-justiciable and cannot be enforced in the Court of law. Additionally, the court emphasized the need for substantial evidence of malice and bias before adverse remarks could be expunged.

M.M.Kumar, J.

1. The petitioner having failed before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, the Tribunal), has challenged its order dated 3.9.2009 (P-9), rejecting his claim for expunging of adverse from the Annual Confidential Report of the petitioner pertaining to the year 2005-06. The petitioner has been working with the Bharat Sanchar Nigam Limited-respondent No. 1 and at the relevant period he was discharing the duty as a Senior Sub Divisional Engineer. The basis of challenge for expunging of the adverse is that the instructions with regard to recording of adverse stand completed violated and that the adverse are wholly vague and un-sub-stantiated. A feeble attempt was made to challenge the adverse alleging bias and mala fide against respondent Nos. 6 and 7. The petitioner has also challenged the order dated 2.4.2008 (P-5A), rejecting his representation/appeal against the adverse.

2. The argument of the petitioner before the Tribunal was that his representation has been rejected by a non-speaking and cryptic order. However, the aforesaid argument was rejected by the Tribunal holding that the representation/appeal was not statutory and, therefore, there was no need to pass any detailed and speaking order. In any case, the Tribunal found that the order dated 2.4.2008 (P-5A), has disclosed reasons and could not be regarded cryptic.

3. Before we deal with various contentions raised by the learned counsel, it would be apposite to first read the adverse conveyed to the petitioner, vide letter dated 8.8,2006 (P-1), in respect of the year 2005-06 "Item Adverse remarks Part III: (A) Nature & quality of work Item No. 2. Quality of output Below average performance in t/o work and programme objectives Item No. 3 Knowledge of sphere of work (a) Technical/Financial Below average. (b) Administrative Below average. Part III (B) Attributes : Item No. 1 Attitude of work Below average dedicati6n and motivation and willingness to take initiative. Item No. 2 decision making ability Below average. Item No. 4 Ability to inspire and motivate Below average capacity to motivate and obtain willing support from staff. Item No. 5 Communication skill (written and oral) Below average, arguments are not specific to topic. Item No. 6 : Interpersonal relations and team work Below average relationship at all levels Item No. 7 : Relation with the public Below average Item No. 8. Attitude towards Scheduled. Caste/Scheduled Tribes/Weaker Sections of society. V. little understanding Item No. 9 Interest to keep abreast of the latest technological developments in his/her field of activity Below average Part (IV) General Item No. 3, General assessment. Below average Item No. 4. Grading Below average"

4. Against the aforesaid adverse the petitioner filed an appeal/representation (P-2). The principal grounds taken in the appeal are that the adverse were unjustified, unfounded and whimsical. It was also alleged that those were result of biased and vindictiveness but no specific allegation against the reporting or the appellate authority were levelled nor any details were furnished substantiating the allegations. Another ground for challenging the adverse was violation of Rule 174(10) of P&T Manual Volume- III.

5. Mr. Anuj Raura, learned counsel for the petitioner has argued that the procedure for recording Annual Confidential Reports has not been followed as disclosed in the instructions compiled by Swamis Confidential Reports. He has read out paras 16, 17, 31 and 39 providing for principles required to be observed by the reporting officer while writing the ACR. He also alleged that the adverse recorded against the petitioner were the result of biased and mala fide intention of respondent Nos. 6 and 7.

6. It would first be necessary to deal with the instructions on which reliance has been placed by Mr. Raura. In para 16, the following guidelines have been provided for the reporting officer to follow:-

"16. Principles