HARISH B JHAVERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has prayed for following relief in para 6(A) of the petition:

(2.) IT is the case of the petitioner that the petitioner was appointed as Veterinary Officer with effect from 22.4.1976 and was posted at different places from time to time. On 16.3.1990, the petitioner was posted at Bavla as Veterinary Officer under respondent No.3. On 21.4.1994, the petitioner was relieved from Bavla and he joined at Ahmedabad. On 17.4.1997, petitioner received communication dated 15th April, 1997 whereby the petitioner was communicated the adverse remarks made in his confidential report for the year 1993 -94. As stated in the petition, in his long service career, except the above stated solitary adverse entries for one year, there is no other adverse entry and entire service career of the petitioner is stainless. When the petitioner was serving at Bavla under respondent No.4 as Veterinary Officer, petitioner had found him misusing the medical drugs in the veterinary polyclinic at Bavla. Since the petitioner has not cooperated in such illegal activities, respondent no.4 was not satisfied and was tempted to make adverse entries in the confidential report only for the year 1993 -94. The petitioner brought to the notice of the Regional Joint Director of Animal Husbandry the fact about misuse of the office by respondent No.4 with the help of local social worker and such act on the part of the petitioner has led him inviting adverse entries in the confidential report for the year 1993 -94 during which period, he was serving under respondent No.4.

(3.) THERE is no reply filed by the other respondents except respondent NO.2. It is pertinent to note here that though adverse remarks are required to be communicated so as to give an earliest opportunity to an employee to represent against such adverse remark, in the present case, such adverse remarks made in the confidential report of the petitioner for the year 1993 -94 were communicated to the petitioner after long period of about three years. It is pointed out that under the government guidelines, adverse remarks are required to be communicated within six weeks. However, so far as the petitioner is concerned, the petitioner came to be communicated the adverse remarks just before the Departmental Promotional Committee ("DPC" for short) met for considering the case of the petitioner and other persons junior to the petitioner for the purpose of promotion to the higher post.