KHATRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned Senior Counsel for the High Court and learned counsel for the State.

(2.) THE main grievance of the petitioner is against refusal of the Patna High Court on its administrative side to expunge the entries in column nos. 2, 5 and 9 of his A.C.R. for the year ending 31st March, 2008. He has also represented for grant of second A.C.P. and the representation for the same is said to be still pendipg. The petitioner was holding the post of Sub -Divisional Judicial Magistrate, Naugachia at the time when A.C.R. in question was recorded by the District and Sessions Judge, Bhagalpur. The heading of column no . 2 is "whether the Officer is industrious and prompt in the disposal of cases" and the entry is -Average, not interested in disposal of old cases. The heading of column no. 5 is "whether the Officer has maintained a reputation for honesty and impartiality during the period under report" and the entry is -Doubtful, as it appears from his judgments and orders & whispering. The heading of column no. 9 is "Final assessment" and the entry is -Not satisfactory. 18/4/2014 Page 270 Srikant Das Versus State Of Bihar

(3.) ON behalf of the petitioner, several judgments were cited to support the submission that the entries in confidential remarks are to be used for the purpose of improving the human resources and not with a view to finding fault with the employees. It was further submitted that the entries in the concerned columns are based on subjective and not on verified materials and lastly, it was submitted that the representation for expunging the remarks in question has been rejected by the High Court on its administrative side by the impugned order dated 12.2.2009 contained in Annexure -12 and that does not show that the representation was considered on merits because no reasons have been assigned for rejecting the representation.