C DINAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ appeal is directed against the order dated 23-7-84 made in W.P. No. 10510/84 by the learned Single Judge, rejecting the writ petition,

(2.) It arises in this way : The appellant belongs to the Indian Police Service and was working as Deputy Inspector General of Police, CID (Forest) during 1979-80, In his confidential report for the said year, the then Home Secretary who was the reviewing authority as per Annexure-II to Government Order No. DPAR 17 SIS 75, dated 7-11-1977 recorded the following observations : "his relations with his colleagues and particularly public requires improvement". The said remarks were communicated to the appellant by the then Chief Secretary by his confidential letter D.O. No. CS. 39 CR/80 dated 30-9-80, the copy of which is produced as per the original of Annexure-A. The appellant sent a representation as per the original of Annexure-B dated 27-11-1980 for expunging those adverse remarks. After considering his representation, the Government by its letter dated 29-5-1981 as per the original of Annexure-D wrote to the appellant stating, inter alia, that those remarks should not be treated as adverse remarks, but should be considered as observations recorded and communicated to enable him to overcome his defects and failures. Thereafter, the appellant appears to have made a representation to the President of India in the form of a memorial as per the original of Annexure-E. In response to that memorial which was submitted through the Government of Karnataka, the appellant was informed that there were no grounds for deletion or modification of the adverse remarks as per the original of Annexure-H. Then, the appellant approached this Court under Article 226 of the Constitution with a prayer to direct the first respondent. State of Karnataka, to expunge the said adverse remarks.

(3.) The learned Single Judge was of the view that as the Government did not consider those remarks to be adverse remarks, the appellant had no justification to make a representation to the Government and that it has been rightly rejected and dismissed the writ petition. Hence, this appeal.