R K DWIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The only question which arises in this special civil application for consideration is whether this petition, in which prayer is made for expunction of adverse 578 remarks at this stage, is maintainable when no order whatsoever adversely affecting any of the service conditions or any order prejudicial to the service conditions of petitioner has been passed relying on the said adverse remarks.

(2.) The counsel for the petitioner very fairly conceded that relying on these adverse remarks the respondents have not passed or made any order which may result in causing any prejudice to the petitioner or affecting, in any manner, his service conditions. Adverse remark ipso facto does not affect or cause any prejudice or result in any loss to the petitioner and as such I am of the opinion that independently of any effect of the adverse remarks no cause of action has accrued to the petitioner to file the present special civil application only for the relief of expunction of the adverse remarks. Cause of action to pray for expunction of the adverse remarks may arise to the petitioner only when the respondents make any order or take any action which may prejudicially affect any of the service conditions of the petitioner or otherwise cause any loss to him. At that point of time the petitioner, while challenging the order made by the respondents prejudicially affecting his service conditions or causing any loss to him in the service matter, can challenge the adverse remarks also.

(3.) In the result this writ petition is dismissed, at this stage, as premature. Rule discharged. However, it is made clear that dismissal of this writ petition will not come in the way of the petitioner to file fresh writ petition for expunction of the said adverse remarks, while challenging any order made or action taken against him by the respondents relying on the said adverse remarks. No order as to costs.