- (1.) Leave granted.
(2.) This appeal has been filed against an order passed by the Rajasthan High Court on a writ petition filed by the appellant for quashing some adverse remarks made in his Annual Confidential Report for the year 1990. The controversies raised by the appellant in this case are really questions of fact. The appellant Bharat Ram Meena was appointed as Munsiff/Judicial Magistrate on probation for two years on 19-7-1985. The appeallant was duly confirmed and later on posted as Munsif/ Judicial Magistrate, Barmer, District Balotra. In the years 1987, 1988 and 1989 the appellant discharged the duties as Munsiff/ Judicial Magistrate, Barmer satisfactorily. It has been stated by the appellant that Shri Satya Prakash Pathak, the then District and Sessions Judge, Balotra had found the appellant's work satisfactory and the Annual Confidential Reports had been written accordingly.
(3.) General Elections to the Legislative Assembly of State of Rajasthan were held on 27-2-1990. The appellant was deputed as Zonal Magistrate for the purpose of election to the State Assembly. on 20-2-1990, a wireless message had been issued by the Ragistar, Rajasthan High Court to the Election Officer, Rajasthan all Collectors of the State and District and Sessions Judges permitting deployment of Judicial Magistrates and subordinate staff of Judicial Courts for election duty. The directions were given by the High Court to the District Collectors to contact the District and Sessions Judges for this purpose. The Collectors were not authorised to issue any instructions to Judicial Officers directly. The District and Sessions Judges had to be contacted for giving instructions to the Judicial Officers. The Collector, Barmer by order dated 17-2-1990 deployed the appellant as Zonal Officer/ Zonal Magistrate for the election period commencing form 23-2-1990 to 27-2-1990. In the said order of the Collector, it was stated that a meeting of the Zonal Officers/ Zonal Magistrates was to be held at 3 P.M. on 22-2-1990. The District and Sessions Judge, Balotra by his order had directed the Zonal Officers stationed at Barmer (including the appellant) to work upto 2.45 P.M. on 22-2-1990 in their respective courts and they were asked to attend the election duty from 23-2-1990 till 27-2-1990.;