NARESH C SHAH GAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As in both the matters, common and inter -connected facts and points are involved, they are being considered simultaneously.

(2.) The short facts of the case are that on 30.4.2008, when the petitioner was holding the post of Secretary, Gujarat Sangeeta Natak Academy, he received communication dated 30.4.2008 from the office of respondent No. 2, whereby adverse entries in his Confidential Reports (hereinafter referred to as 'CR' for the sake of convenience) were made for the period from 3.11.2006 to 31.3.2007 and from 1.4.2007 to 31.3.2008. The petitioner submitted representation on 8.7.2008 against retention of both the adverse entries. In response to the representation made by the petitioner on 15.10.2008, comments were called for and submitted by the Reporting Officer. Thereafter, the comments were also called for from the Reviewing Officer, which were received by the letter dated 7.1.2009. Ultimately, vide decision dated 27.2.2009, the petitioner was communicated that both the adverse remarks in the CRs are retained. It is under these circumstances, for the CR of the period from 3.11.2006 to 31.3.2007, Special Civil Application No. 8586 of 2009 has been preferred and for the CR of the period from 1.4.2007 to 31.3.2008, Special Civil Application No. 8585 of 2009 has been preferred. The prayers made in the petitions by the petitioner are that the decision for retention of the adverse entries in CR be quashed and set aside and also the adverse entries in the CR be also quashed and set aside for the respective periods.

(3.) I have heard Mr. Nikhil Kariel, learned Counsel for the petitioner in both the petitions and Mr. Jayswal, learned AGP with Mr. Hardik Soni, learned AGP for the respondents.