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2018 Supreme(P&H) 2857

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
Hon’ble Mr. Justice A.B. Chaudhari
Hon’ble Mr. Justice Kuldip Singh
CWP No.22529 of 2014 (O&M)
Manjinder Singh v. State of Punjab & Anr
{Decided on 16/08/2018}

Advocates Appeared:Mr. Rajiv Atma Ram, Senior Advocate with Mr. Ranjit Singh Kalra and Mr. Nishant Bhardwaj, Advocates for the petitioner.
Mr. Harsimran Singh Sethi, Addl. A.G., Punjab
Mr. Anand Chhibber, Senior Advocate with Mr. Jaivir Chandel, Advocate for respondent No.2.

Service Law – Adverse Remarks – Adverse ACR must be supported by the material justifying such remarks

Headnote:Service Law – Adverse Remarks – Judicial Officer – Adverse ACR must be supported by the material justifying such remarks – At least, such material should be placed before the Court to enable it to examine whether there is justification for recording such adverse remarks – In present case, admittedly there was no material to support remarks ‘Doubtful Integrity’ recorded in ACR – Adverse remarks directed to be quashed.

JUDGMENT

Mr. Kuldip Singh J. - Petitioner was appointed to P.C.S. (Judicial Branch) as Sub Judge-cum-Judicial Magistrate 2nd Class on 09.06.1992. He was promoted as Additional District & Sessions Judge on 23.02.2008 for Fast Track Court, Ludhiana. Thereafter, he was promoted as Additional District and Sessions Judge and was posted at Ludhiana, vide order dated 29.06.2009. The Administrative Judge of Ludhiana Sessions Division for the year 2010-11 recorded the following adverse remarks in his ACR:

Year

Remarks by the High Court

Adverse/advisory remarks if any

2010-2011

 

C Below Average-

Integrity Doubtful

7

Integrity

Integrity doubtful. Despite apprising the officer to improve his reputation but in vague

 

 

Part III

 

Remarks of the Administrative Judge

This officer could have proved an asset to the institution but he has failed to keep his reputation as per the standard of the judicial officer

 

 

 

 

He is advised to read the files thoroughly.

2. Petitioner claimed that he had been working with full devotion. During his service, he upgraded his educational qualification and completed Masters-of-laws (LL.M) from Kurukshetra University, Haryana, for which he was given advanced increments. The petitioner was never apprised to improve his reputation either in writing or verbally. No complaints were mentioned. The petitioner made the representation, which was rejected by the Full Court and his ACR for the year 2010-11 ‘Integrity Doubtful’ was confirmed.

3. The petitioner further claimed that before and after the said ACR, his ACRs are ‘B+ (Good)’. Therefore, prayer is made for quashing the said ACR along with the orders rejecting the representation and confirming the ACR.

4. The High Court in its written statement has taken the stand that during the entire service period of petitioner, there were several complaints against the petitioner from the years 1995-2005 and 2010 to 2013. Reference has also been made to the complaints, which shows that the complaints were filed. It was stated that the remarks recorded in the ACR for the year 2010-11 was correctly recorded. The remarks recorded in the ACR of a judicial officer is based on many factors and material which is gathered by the Hon’ble Administrative Judge from different sources. The observation made in the ACR is self-explanatory, which does not need any further clarification. The rejection of the representation and confirmation of the ACR are not denied.

5. The entire summary of the ACRs of the petitioner from the years 1992-1993 till the date is reproduced as under:

Year

 

Remarks by the High Court

Adverse/advisory remarks if any

1992-1993

B (Satisfactory)

5

Is he an efficient Judicial Officer?

Not yet. Advised to work hard and read files at home.

1993-1994

B (Satisfactory)

 

 

 

1994-1995

B Plus (Good)

 

 

 

1995-1996

 

B-Average

6

Has he maintained Judicial reputation for honesty and impartiality?

There were written complaints. Separate Note added. To be kept under watch.

1996-1997

B-Average

 

 

 

1997-1998

B-Average

 

 

 

1998-1999

B Plus (Good)

 

 

 

1999-2000

B Plus (Good)

 

 

 

2000-2001

B Plus (Good)

 

 

 

2001-2002

B Plus (Good)

 

 

 

2002-2003

B Plus (Good)

 

 

 

2003-2004

B Plus (Good)

 

 

 

2004-2005

B Plus (Good)

 

 

 

2005-2006

B Plus (Good)

 

 

 

2006-2007

A-Very Good

 

 

 

2007-2008

B Plus (Good)

 

 

 

2008-2009

B Plus (Good)

 

 

 

2009-2010

B Plus (Good)

8

General Assessment-regarding strength and shortcomings:

A
































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