H.L. HIDCO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein calls in question legality, validity and correctness of order dtd. 15/10/2018 (Annexure P-1) by which his review representation for expunging the adverse remarks made in the ACR for the year 2015-16 has been rejected and he also seeks to challenge the order dtd. 4/1/2020 (Annexure P-2) by which his review representations for expunging the adverse remarks made in the ACRs for the years 2016-17 and 2017-18 have been rejected.

(2.) The petitioner was graded 'very good' by the Commissioner in the ACRs for the years from 2011 to 2015, however, it was downgraded in the year 2015-16 and adverse remark was communicated to him on 4- 1-2018 against which he made representation on 2/2/2018 for expunging the adverse remark which was rejected on 4/6/2018 and when he made review representations to the State Government on 19- 6-2018 and 28/7/2018, it was rejected by the Under Secretary on 15-10- 2018. Similarly, for the year 2016-17, again, adverse remark in the ACR was communicated to the petitioner on 3/1/2019, against which he made representation on 30/1/2019 which was rejected on 30-4- 2019 and review representation was rejected on 4/1/2020. For the year 2017-18, adverse remark in the ACR downgrading the petitioner was communicated to him on 26/2/2019 against which he made representation on 12/3/2019 and the same was rejected on 24/9/2019 and review representation was also rejected on 4/1/2020.

(3.) It is the case of the petitioner that representations and review representations, both, have been rejected by un-reasoned and nonspeaking orders and secondly, that the Under Secretary to the Government of Chhattisgarh is subordinate to the Commissioner, therefore, he was not competent to decide the representation of the petitioner and as such, the orders impugned are liable to be quashed.