Proven bias and animosity can lead to the setting aside of an Annual Confidential Report.

J. S. Khehar, J.

1. Through the instant writ petition, the petitioner desires to impugn the order dated 20.12.2000 (Annexure P-6) passed by the central administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the Tribunal) in Original Application No.211-CH of 2000, which dismissed a challenge at the hands of the petitioner for setting aside the Annual Confidential Report recorded against him by respondent no.5 dr. R. M. Joshi, for the year 1998-99. As such, the aforesaid adverse report is also implicitly subject matter of challenge.

2. Besides the instant Annual Confidential Report for the year 1998-99, the petitioner had challenged four other reports recorded by dr. R. M. Joshi, before the Tribunal. Briefly, the reports challenged and the orders passed are narrated hereunder:

(i) Through Original Application No.210-CH of 2000, the petitioner challenged the adverse Annual Confidential Report for the year 1997-98. The aforesaid original application was allowed by an order dated 13.3.2000. Consequently, the adverse remarks were expunged by the official respondents, by an order dated 10.7.2000 (Annexure P-20 ). (ii) Original Application No.967-CH of 2002, was filed by the petitioner, challenging the Annual Confidential Report recorded by respondent no.5, for the year 1999-2000. The aforesaid original application was allowed by an order dated 17.2.2003. Consequent upon the passing of the order dated 17.2.2003, the official respondents expunged the adverse remarks by an order dated 16.5.2003 (Annexure P-21 ). It would be pertinent to mention, that respondent No.5 challenged the order dated 17.2.2003 (referred to above) by filing Civil Writ Petition No.3182 of 2004. While disposing of civil Writ Petition No.3182 of 2004, this Court did not interfere in the order (iii) Likewise, Original Application No.17-CH of 2004, was filed by the petitioner, challenging the adverse Annual Confidential Report for the year 2000-01. The aforesaid original application was allowed by the tribunal on 20.4.2004. The adverse remarks recorded for the year 2000-01, were expunged by the official respondents, by an order dated 18.6.2004 (Annexure P-24 ). The aforesaid order dated 20.4.2004 attained finality on account of the fact, that the same was not challenged by any of the respondents. (iv) Original Application No.18-CH of 2004 was filed by the petitioner, challenging the adverse Annual Confidential Report for the year 2001-02.

3. The aforesaid original application was allowed by the Tribunal on 20.4.2004. Consequently, the adverse remarks recorded for the year 2001-02, were expunged by the official respondents, by an order dated 18.6.2004 (Annexure P-25 ). The order dated 20.4.2004 passed by the Tribunal also attained finality as the same was not challenged by any of the respondents.

4. In so far as, the adverse Annual Confidential Report for the year 1998-99, i. e. , the report which is subject matter of challenge through the instant writ petition, is concerned, the same must necessarily be examined in the background of the earlier orders passed by the tribunal between the same parties. Reference in this behalf, may first of all, be made to the order passed by the Tribunal in Original Application No.967-CH of 2002, decided on 17.2.2003, wherein, the Tribunal recorded the following observations and conclusions:-

"therefore, it is quite apparent that Dr. Joshi wrote certain very damaging remarks without any foundation whatsoever. The remark in column 1 that he was involved in unethical research was found to be untrue and unjustified. Similarly, the remark that Dr. Jagdish Chander could not bring about any improvement in the Emergency Microbiology Lab was also found to be unjustified. The remark that Dr. Joshi was physically fit but confused at times was also found to be unjustified. dr. Joshi also recorded damaging remarks in as much as he termed the integrity of Dr. Jagdish Chander to be extremely poor and suspected him