L.B. RAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction commanding upon the respondents for the following reliefs:

(2.) THE main contention raised by the learned Counsel for the petitioner is as to whether the adverse remark for the period 1996 as well as adversary memorandum for the year 1999 are illegal, unsustainable and against the well settled cardinal principle of natural justice. He has further submitted that since his representation against it was pending for disposal and unless the same was decided the Departmental Promotion Committee was duty bound to consider the petitioner for promotion. His further grievance is that his juniors have been promoted ignoring the rightful claim of the petitioner only on the ground of adverse A.C.Rs without even disposing of his pending representation and the same has resulted in denial of his promotion which was illegal and punitive in nature. The petitioner has referred to and relied upon 2000 (2) PLJR pg. 289 and (1995) 3 SCC pg. 383 to support his contention that without the disposal of pending representation the adverse remark cannot be taken into account.

(3.) THE respondents in their counter affidavit have submitted that the adverse remark was communicated to the petitioner vide letter dated 28.5.1997 and he made a representation on 26.6.1997 and the same has been examined by I.G. (SWS) Mumbai who was pleased to reject the same being devoid of any merit vide its order No. E -15017/SWS/LBR/97/515 dated 28.1.2000. It has further been submitted by the learned Counsel for the respondents that the petitioner was superceded based on his service record, overall assessment and the adverse remark in his A.C.Rs and also in view of the fact that even his representation was rejected being devoid of merit. It has further been pointed out that there were serious latches on the part of the petitioner apart from being inefficient and irresponsible. During the period under report, a well planned theft of 49 Ms plates worth Rs. 8 lakhs had occurred in the stock yard of SAIL, Vizag on 2/3.5.96 and the petitioner due to lack of constant vigil of area under his responsibility was also held responsible for the same.