MITHILESH JHA Vs. HIGH COURT OF UTTARAKHAND

JUDGEMENT

(1.) IN this writ petition, petitioner, a Judicial Officer holding the post of Civil Judge (Junior Division), is challenging the adverse Annual Confidential Report dated 30th April, 2008, recorded by the learned District Judge, Udham Singh Nagar, and also the order dated 6th June, 2009 passed by the then Administrative Judge accepting the said Annual Confidential Report. Petitioner is also seeking grant of first A.C.P. and also promotion to the higher cadre of Civil Judge (Senior Division) with effect from the date when his juniors were promoted.

(2.) RESPONSE by the petitioner to an advertisement, published by Uttarakhand Public Service Commission in the year 2002, resulted in selection and appointment of the petitioner as a Civil Judge (Junior Division) in the month of September, 2003. For the year 2003 -2004, petitioner was adjudged as a Good Officer by Sri R. M. Bajpai, the then District Judge, Udham Singh Nagar, Rudrapur. The same was accepted by Justice Irshad Hussain, the then Administrative Judge, Eastern Zone. For the year 2004 -2005, petitioner was adjudged as a Good Officer by Sri R.D. Pandey, the then District Judge, Chamoli, and the same was accepted by Justice M.M. Ghildiyal, the then Administrative Judge, Western Zone. For the period 1st April, 2005 to 31st March, 2006, petitioner was adjudged as a Good Officer by Sri R.C. Kukreti, the then District Judge, Chamoli, and the same was accepted by Justice B.S. Verma, the then Administrative Judge, Chamoli. For the period 1st April, 2006 to 31 st March, 2007, petitioner was adjudged as a Good Officer by Sri R.C. Kukreti, the then District Judge, Chamoli, and the same was accepted by Justice B.S. Verma, the then Administrative Judge, Chamoli. For the year 2007 -2008, Sri R.D. Pandey, the then District Judge, Udham Singh Nagar, adjudged the petitioner as a Poor Officer and, at the same time, recorded adverse remarks against him. Justice J.C.S. Rawat, the then Administrative Judge, Udham Singh Nagar, accepted the assessment of the petitioner as a Poor Officer and also agreed with the adverse remarks given by the District Judge. For the year 2008 -2009, when the petitioner worked from 15th August, 2008 to 31st March, 2009 as Civil Judge (Junior Division), Bageshwar, and worked during the period 1stApril, 2008 to 14th August, 2008 as Civil Judge (Junior Division), Khatima; Sri Jai Deo Singh, the then District Judge, Bageshwar, assessed the petitioner as a Fair Officer and the same was accepted by Justice Dharam Veer, the then Administrative Judge, Bageshwar.

(3.) AS would be evidenced from the Annual Confidential Report for the year 2007 -2008, petitioner was posted as Civil Judge (Junior Division), Khatima, for the period from 12th September, 2007 to 31st March, 2008. In the said report, the following adverse remarks were recorded: