KAILASH CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for parties.

(2.) This writ petition has been filed by petitioner Kailash Chand Sharma challenging adverse remarks recorded in his Annual Appraisal Performance Reports (for short, 'the APARs') for the years 1988-89, 1989-90, 1990-91 and 1991-92, and also the orders by which his representations against those adverse remarks in his APARs were rejected. Further the petitioner has prayed that the respondents be directed to promote him from the date his juniors were promoted and also grant him selection scales on completion of 9, 18 and 27 of service.

(3.) Shri Ravindra Pal Singh, brief holder of Shri J.K. Singhi, learned Counsel for petitioner, contended that adverse remarks recorded against petitioner were due to malafides and biasness against him of his reporting officers. The petitioner has, for that purpose, arrayed three such officers by name as party respondents No. 3 to 5. Learned Counsel contended that adverse remarks were recorded in mechanical manner by one after another reporting officers. They were all biased against him. Learned Counsel submitted that petitioner was not issued any advisory or warning prior to recording such adverse remarks calling upon him to improve his performance. The relevant circulars/ instructions of Department of Personnel of the Government of Rajasthan in this behalf were not violated. Promotion of petitioner could not be denied just because of adverse remarks in his APARS.