TAYYAB ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question referred to this Bench for decision is the following: - "whether an adverse entry in the Annual performance Appraisal Report of the Government Servant will fall under Clause (v) of Sec. 2 (f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 and the Service Appellate Tribunal will have jurisdiction to entertain an anneal in the matter?"

(2.) THE occasion for making this reference arose when the Division Bench before which this petition came up for hearing was inclined to take the view that an adverse entry in the Annual Performance Appraisal Report of a government servant tails within the ambit of sub-clause (v) of clause (f) of Section 2 of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act 1976 (for short 'the Act' ). This was also the view of an earlier Single Bench in the State of Rajasthan V. Narendra Singh Verma (1), but a contrary view was taken by another Division Bench in Dr. Dinesh Mathur V. Rajasthan Civil Service Appellate Tribunal, Jaipur (D. B. Civil Writ Petition No. 67 of 1984 decided on May 10, 1988 ). Accordingly, this reference was made to settle the controvert on the point.

(3.) IT is clear from this definition as earlier indicated that only the matters specified in sub-clauses (i) to (vii) and those notified by the Government under sub-clause (viii) fall within the definition of 'service matter'. If the intention was to define 'service matter' to include every grievance of a government servant relating to his service, then instead of the method used of specifying expressly some matters and excluding penalties in sub-clauses (v) to (vii) the easier course of saying that a service matter means and includes every matter or incident relating to the service of a government servant would have been adopted. Subclause (viii) would be superfluous unless this view is taken. The power given to the State Government in sub-clause (viii) can be exercised only if there are matters relating to service which are not included in sub-clauses (i) to (vii ). IT is necessary to bear in mind this fact while construing sub-clause (v) in respect of which the controversy has arisen. The question now is, whether an adverse entry in the Annual Performance Appraisal Report of a Government servant is a 'service matter' included within sub-clause (v) of clause (f) of section 2 of the Act.