STATE OF RAJASTHAN Vs. NARENDRA SINGH VERMA

JUDGEMENT

(1.) IN all the three writ petitions similar question of law is involved, therefore, they are disposed of by this common judgment.

(2.) FOR the appreciation of controversy, facts of S.B. Civil Writ Petition No. 1583 of 1979 State of Rajasthan and Anr. v. Narendra Singh Verma and Ors. are taken into consideration. The petitioner by this writ petition has challenged the orders of the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur, dated 15th January, 1979 (Annexure 4), 2nd April, 1979 (Annexure 6). The appellant non -petitioner No. 1 was holding the post of Second -in -Command in Border Home Guards at Bikaner with effect from 8th October, 1977 under the control of the Battalion Commandant Shri D. Ramdesani. While working under D. Ramdesani an adverse report was given to the appellant non -petitioner No. 1 and the same were communicated to him by the Reviewing Officer, the Deputy Director Home Guards, Rajasthan, Jaipur vide its letter dated 30th May, 1978. The appellant non -petitioner No. 1 submitted his representation against this adverse report, but the same was rejected and the decision was communicated to the appellant non -petitioner No. 1 on 1st August, 1978. Aggrieved against this the appellant non -petitioner No. 1 preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur.

(3.) MY answer to this question is in affirmative. The Tribunal has jurisdiction to entertain appeals against the rejection of representation against the adverse entries recorded in the Annual Performance Appraisal. In this connection, it would be proper to reproduce Section 2(f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 (hereinafter referred to as the Act) as under: Section 2(f) 'Service matter' means any one or more than one of the following matters relating to a Government servant: