SANDEEP KUMAR KULSHRESTHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD finally with consent of learned counsel for the parties.

(2.) BY this writ petition challenge has been made to adverse remarks conveyed to petitioner for the years 1996-97 and 1997-98. It is precisely on the ground of delay of three years as it was conveyed in the year 2000. It is submitted that delay to convey adverse remarks is fatal and goes against the basic spirit of conveying the same. The object of making and communication of adverse remarks is to give an opportunity to the officer to improve his performance, conduct or character. The argument is supported by the judgment of Hon'ble Supreme Court in the case of State of Haryana Vs. Shri P.C. Wadhwa, 1987 SCC(2) 602. It is, thus, prayed that adverse remarks for the years 1996-97 and 1997-98 may be quashed.

(3.) AT this stage, learned counsel for the petitioner submitted that petitioner was even denied benefit of selections grades. It goes without saying that petitioner's case should have been considered for grant of selection grades for its grant or denial, if not considered as yet. In any case, respondents are directed to consider petitioner's case for selection scales in accordance with law.