J.B.MANDAVIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Pinakin Raval learned advocate for the petitioner and Mr.Vinay Shukla, learned Assistant Government Pleader for the respondent authorities.

(2.) THE petitioner, who is a police officer, has challenged the adverse entries in his Annual Confidential Report for the period from 01.04.2000 to 24.10.2000. The said adverse entry was communicated to the petitioner vide communication dated 24.11.2001, as under.

(3.) LEARNED counsel for the petitioner Mr.Raval contended that the officer who recorded adverse entries was not competent authority to do so. For this purpose, learned counsel for the petitioner has taken the Court through detailed representation, photocopy of his Annual Confidential Report of the concerned year which is on record, which he had obtained under Right to Information Act, 2005. He has also referred to a blank form of the Annual Confidential Report, to point out that the process of writing Annual Confidential Report is divided in four parts, part(i) is to be filled in by the office, part(ii) is to be filled in by the officer concerned, part(iii) is to be written by the Reporting Officer and part(iv) is to be written by the Reviewing Officer. In the facts of this case, it is pointed out that Reporting Officer and Reviewing Officer did not enter any adverse remark, not only that, in substance, remarks by both those authorities i.e. Reporting Officer and Reviewing Officer, were good. In the submission of learned counsel for the petitioner, therefor, the Accepting Authority, which was the higher authority, had no authority to write any adverse entry. At the most, if he did not agree with the entries made by Reporting Officer or Reviewing Officer, he could have appended it only in a note.