AMRISH G PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned A.G.P., Mr.Raval, waives service of notice of rule for the respondents.

(2.) The petitioner came to be appointed as a Clerk in the Office of Superintendent of Stamps on 25.10.1993 and at present he is working in the office of Deputy Collector, Stamp Duty Valuation, Bhavnagar. It appears that his Annual Confidential Report ["ACR" for short] for the years 2006-2007 and 2007-2008 carried adverse remarks made by the Reviewing Authority, which ultimately resulted into his supersession for promotion to the post of Inspector of Stamps when his juniors came to be promoted. The adverse remarks were communicated to the petitioner on 13.5.2008. The case of the petitioner is that the Reporting Officer had not made any adverse remarks in the petitioner's ACR. The Reviewing Authority also did not disturb the said remarks and while agreeing with the grading given by the Reporting Officer, passed adverse comments. There is no other reason for not promoting the petitioner and, therefore, the adverse remarks have prejudiced the interest of the petitioner. The petitioner had to collect the information with the help of Right to Information Act, which has caused some delay in approaching this Court. The petitioner has approached this Court making the following prayers:-

(3.) Mr.Supehia submitted that if the copies of ACRs are seen, for the year 2006-2007, for all columns, he is graded as either "Outstanding" or "Good". The Reviewing Authority has made the following remarks:-