M.L.Singhal, J.

1. Vide order dated 18.1.88 passed by the Punjab Government and conveyed through Joint Excise & Taxation Commissioner (Admn.), Patiala plaintiff T.S. Sachdeva, his representation for expunction of adverse remarks recorded in his ACR for the year 1981-82 was rejected. He challenged that order by means of suit for declaration saying that the order is wrong, illegal, void, capricious without jurisdiction, against the principles of natural justice, fair play, equity and against the terms and conditions of employment and the provisions of Punjab Civil Service of (Punishment and Appeal), Rules, 1970 and against the government instructions governing the recording of the ACRs. In ACR for the year 1981-82, the following adverse remarks were incorporated:

"i) Your quality of judgment, promptness, sense of responsibility and inspection are poor;

ii) Your integrity is also doubtful;

iii) you are ineffective and incorrigible officer."

2. It was alleged by him that his representation was rejected through a cryptic order dated 18.1.1988. In fact the order rejecting his representation was passed as a measure of punishment. He had made detailed representation which could not