S.A.SHAH - (1.)The petitioner was working as Block Development Officer and Taluka Development Officer during the period 1960 to 1967. In the year 1967 the petitioner was posted as Chitnis to the Collector Baroda .
(2.)According to the averments of the petitioner prior to his appointment as Chitnis to Collector he had never worked on the Revenue side in Collectors office. However he had not received any adverse remarks till the year 1972. Therefore he had reason to believe that his work must be not only satisfactory but it must be good because according to the Government Resolution dated 8/03/1969 gradation fair is considered a remark which is to be communicated to the employee concerned.
(3.)It appears that the petitioner was due for crossing Efficiency Bar on or about 19-10-1971 and he was not allowed to cross the EB. The petitioner contended that he received a communication dated 5/04/1973 for the first time by which he was informed that: You are not found effective in oral discussion. You are also required to display great initiative and resourcefulness coupled with greater capacity for organisation to tackle the difficult problems of your taluka more effectively. Gist of the C.R. is as under:
You possess fairly good clarity of thoughts and expression on paper and good ability in noting and drafting in Gujarati. You are successful in handling the problems In a big taluka like Viramgam inspite of having inadequate strength of staff. Your performance in respect of disposal of Govt. waste lands Collection in small savings civil supplies etc. if found to be satisfactory. You are found to be sober and hardworking officer.