GOPABANDHU BISWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner, who was applicant before the Central Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 461 of 2000, has filed this Writ application assailing the order of the Tribunal dated 26.9.2001 passed in the aforesaid O.A.

(2.) THE Petitioner is an I.P.S Officer of Orissa Cadre and at the time of filing of O.A., he was holding the post of D.I.G. of Police. In the said O.A., he prayed for quashing the order dated 13.1.2000 communicating adverse remark made against him for the period from 1.4.1998 to 24.3.1999 and also the order dated 27.5.2000 rejecting his representation for expunction of adverse remark. Counters and rejoinder were filed before the Tribunal and on consideration of the materials placed, the Tribunal came to hold that the Petitioner is not entitled to relief claimed and, accordingly, dismissed the O.A.

(3.) AS is evident from the above, the first part of the remark is not adverse but is advisory in nature. However, the second part of the remark is adverse. It appears that against the said adverse remark, the Petitioner submitted a representation on 4th February, 2000 for expunction of the same and the 2nd representation was made on 28th February, 2000 for the self same purpose. The representation dated 4th February, 2000 was processed and considered. By letter dated 27.5.2000, the Petitioner was intimated that his representation for expunction of adverse remark has been rejected.