K S MENAT-DEPUTY COLLECTOR Vs. CHIEF SECERATARY

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the adverse remarks made by the reviewing authority for the period between 01/04/2003 to 10/12/2003 whereby the Reporting Authority had made the overall assessment remark as very good, which the reviewing authority had changed into good, for the period between 15/09/2005 to 31/03/2006, the petitioner's overall assessment was marked as very good which was corrected by the reviewing authority as good and for the period between 01/04/2006 to 04/02/2007 the petitioner's overall assessment was marked as Outstanding Officer, which the reviewing authority has changed as good.

(2.) MS. Shrusti Thula, learned advocate appearing on behalf of the petitioner has submitted that the representation made by the petitioner, against the decision of the reviewing authority, has not been considered on the ground that entries as good cannot be said to be adverse. Ms. Shrusti Thula, learned advocate appearing on behalf of the petitioner has submitted that by converting the entries from very good and outstanding officer to good, chances for promotion of the petitioner is affected, and, therefore, considering the above, representation of the petitioner against the aforesaid entries as good ought to have been considered by the reviewing authority.

(3.) SHRI Kamal Trivedi, learned Advocate General appearing on behalf of the concerned respondents, more particularly, the present reviewing authority has stated at the bar that if the petitioner makes a representation against the decision of the reviewing authority of making the entries as good in place of very good and outstanding officer as made by the reporting authority to the Principal Secretary, Revenue Department, State of Gujarat, who is at present the reviewing authority, the said reviewing authority i. e. the Principal Secretary, Revenue Department, State of Gujarat, will decide the same in consultation with the Additional Chief Secretary (Personnel) General Administration Department, after getting the necessary comments from the reviewing authority, who had earlier made the entries and appropriate decision shall be taken on the said representation, which will be communicated to the petitioner.