STATE OF MADHYA PRADESH Vs. B N SINGH

JUDGEMENT

(1.) DEFENDANT /State through the Secretary, Education Department (Collegiate Education) has come up in second appeal feeling aggrieved by the judgment and decree of the lower appellate court directing a suit for declaration and consequential reliefs relating to service matter filed by the plaintiff/respondent to be decreed in reversal of the decree of the trial court which had dismissed the suit.

(2.) THE plaintiff was serving as an Assistant Professor in the Education Department of the Government of Madhya Pradesh. He was at one time posted at Pichhore and thereafter transferred to Sheopur -Kalan. The efficiency bar in his pay scale had fallen due for release on 1 -7 -1977. However the entries in his confidential reports were adverse for the years 1975 -76, 1977 -78 and 1978 -79 which resulted in denying release of efficiency bar. The plaintiff sought for a declaration that adverse entries in confidential reports for the years 1975 -76, 1977 -78 and 1978 -79 were null and void as having been made contrary to rules and without communication to the plaintiff, for declaration that the act of the defendant/appellant in not releasing the efficiency bar on the appointed date was also null and void. The suit was filed on 7 -7 -1983. It was contested by the defendant/appellant pleading that confidential reports were as per rules, legally valid and bind - ing on the plaintiff. Plea of the suit being barred by limitation was also taken.

(3.) EXPLANATION II to Rule 10 of M. P. Civil Services (Classification, Control and Appeal) Rules, 1966 provides that stoppage of a Government servant at the efficiency bar in the time scale of apy on ground of his unfitness to cross the bar shall not amount to a penalty. In Ram Manoharlal Shrivastava v. Chief Conservator of Forests, M. P. and Ors., 1977 JLJ 151, a Division Bench of this Court has held by reference to Fundamental Rules, Rule 25 :