D M ZALA Vs. R A VYAS

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has challenged communication dated 25th March 1996 of the respondent-Authority, by which, adverse remarks in the annual confidential report of the petitioner for the period from 1/4/1994 to 24/10/1994 came to be conveyed to the petitioner, as being unreasonable, arbitrary and against the guidelines issued by the Settlement Commissioner, Gujarat State, in Government Circular dated 29/4/1991 directing the concerned Authorities to communicate adverse remarks of the concerned employees within a period of six weeks on completion of confidential report.

(2.) Shri Supehia, learned Counsel for the petitioner, in support of his submission, has relied upon Government Circular dated 29/4/1991 issued by the Settlement Commissioner and the guidelines issued thereunder with regard to time-limit in which the adverse remarks are to be communicated. He also relied upon the judgment and order dated 12/1/1996 passed by the learned Single Judge of this Court in Special Civil Application No. 6068 of 1995 [A.N. Trivedi v. B.P. Meena, Director of Land Records] wherein, the learned Single Judge has, following the judgment in the case of C.N. Chavda v. Director General of Police, Gujarat State reported in 1992 (1) GLH 209, quashed and set aside certain adverse remarks communicated to the employee beyond the prescribed period. He has submitted that, in both the above cases, there is an inordinate delay in communicating adverse remarks i.e. beyond the period of 12 months and, admittedly, in the present case, adverse remarks were communicated to the petitioner by letter dated 25.3.1996 after period of 12 months, for which, no justification has been given by the Authorities.

(3.) Learned Assistant Government Pleader has submitted that representation submitted by the petitioner against the adverse remarks was duly considered by the Reviewing Authority and came to be rejected and the said order was also communicated to the petitioner. According to the learned Assistant Government Pleader, delay caused in conveying adverse remarks is due to certain administrative reasons.