MOHD JAFAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner seeks an appropriate writ commanding the opposite parties to expunge the adverse entry in his service record for the year 1980-81 and not to use the same against him. To appreciate the controversy raised by the petitioner in the writ petition It is necessary to give a brief resume of facts,

(2.) THE petitioner upon his promotion as Regional Manager came to be posted in Gorakhpur. On account of his good work the petitioner is said to have been promoted to the said post on 17-11-1979. Prior to this petitioner was working as Assistant Regional Manager at Jaunpur under the control of the Regional Manager, Varanasi. THE petitioner was posted at Gorakhpur from 17-11-1979 to October, 1981 THEreafter the petitioner was transferred to Varanasi.

(3.) THE alleged complaints, which are referred to in this adverse entry, pertain to the period when the petitioner was Assistant Regional Manager and not the Regional Manager. THE said Sri A. K. Das is said to be only the reporting authority and not the accepting authority. Insofar as recording of and accepting of adverse entry is concerned, the Transport Secretary, who was the appointing authority of the petitioner, is said to have neither approved nor disapproved the said entry.