LAWS(SC)-1997-2-169

STATE OF UTTAR PRADESH Vs. YAMUNA SHANKER MISRA

Decided On February 21, 1997
STATE OF UTTAR PRADESH Appellant
V/S
YAMUNA SHANKER MISRA Respondents

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) This appeal by special leave arises from the Judgment of the Allahabad High Court, Lucknow Bench, made on 2-12-1993 in Writ Petition No. 9458 (SS))/93.

(3.) The adverse remarks for the years 1987-88 and 1988-89 were recorded in the confidential reports of the respondent. As a consequence, he was not promoted. When claim was made before the Service Tribunal, the Service Tribunal allowed the petition and quashed the adverse remarks recorded for the periods from 1-12-1988 to 31-3-1989 and 1-4-1989 to 30-9-1989. While recording that, the Tribunal held that the remarks made by the Secretary, Food and Civil Supplies were due to malice and they smack of arbitrariness. The High Court on a writ petition, by the impugned order, has affirmed the same. Thus, this appeal by special leave.