- (1.) Heard learned Standing Counsel and perused the record. In brief, the respondent No. 1, who was Commercial Tax Officer working in Trade Tax Department, Deoria, aggrieved by the adverse annual report dated 10.8.2004 had submitted a statutory representation dated 18th October, 2005. The petitioner 9 kept the representation pending and rejected the same after inordinate delay by the impugned order dated 1st July,2008.
(2.) Feeling aggrieved by the impugned order dated 1st July, 2008, the claimant-respondent No. 1 has approached the U.P. Public Service Tribunal, Lucknow by filing Claim Petition No. 1312 of 2008. The Tribunal had allowed the claim petition and set aside the impugned adverse report dated 10.8.2004 on the ground that the representation was decided after the statutory period as provided under Rule 4 of the Uttar Pradesh Government Servants (Disposal of Representation against Adverse Annual Confidential Reports and Allied Matters) Rules, 1995 (hereinafter referred to as Rules).
(3.) While assailing the impugned order, it has been submitted by the learned a Standing Counsel that the provisions contained in sub-rule (5) read with Rule 4 of the said Rules speaks for the period during which the representation is pending before the competent authority and once the representation is decided even if beyond the statutory period it cannot be challenged on the ground of delay. It shall be appropriate that the provisions contained in sub-rule (4) (5) and (6) read with Rule 4 of the said Rules be reproduced, which is as under: "(4) The competent authority or the Accepting Authority, as the case may be, shall within a period of 120 days from the date of expiry of 45 days specified in sub-rule (3), consider the representation alongwith the comments of the Appropriate Authority, and if no comments have been received without waiting for the comments, and pass speaking order (a) rejecting the representation; or (b) expunging the adverse report wholly or party as he considers proper." (5) Where the Competent Authority due to any Administrative reasons, is unable to dispose of the representation within the period specified in sub-rule (4), he shall report in this regard to his Higher Authority, who shall pass such orders as he considers proper for ensuring disposal of the representation within the specified period." (6) An order passed under sub-rule(4) shall be communicated in writing to the Government Servant concerned.";