MISS PADIMINI DEVI AHLUWALIA, PCS LAND ACQUISITION COLLECTOR, IMPROVEMENT TRUST, LUDHIANA Vs. STATE OF PUNJAB THROUGH CHIEF SECRETARY TO GOVERNMENT, PUNJAB, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) THE petitioner is a member of the Punjab Civil Service (Executive Branch) serving in the State of Punjab since 1960. For the year 1984 -85 adverse remarks were communicated to her vide annual confidential report dated October 21, 1985. The relevant portion of the communication stated: -

(2.) THOUGH the petitioner has approached this Court quite belatedly and the writ petition is not maintainable on that count alone, yet we have thought it advisable to examine the various contentions raised by the petitioner's learned counsel.

(3.) WE are afraid the petitioner is not well -advised in claiming the exemption under the Judicial Officers' Protection Act, 1850, nor is there any merit in the other contentions. Submission of memorials and petitions to the Governor is a matter which is governed by the Instructions issued by the Punjab Government vide notification dated February 12, 1952. A memorial under these Instructions can be submitted on behalf of the persons "who are or have been in the Civil Service of the Punjab State in respect of matters arising out of such employment or in respect of the termination of such employment........". According to Para 5 and 6, a memorial lies only with regard to the matters which are covered by the conditions of service of the employees under any rules or according to the terms of his contract of service or a matter with regard to the grant of some pecuniary or other concession etc. We have closely examined these Instructions of the State Government and we are of the considered view that a memorial is not maintainable for the expunction of adverse remarks, as has been rightly communicated by the Governor on February 24, 1988.