R.K. Gupta, J. - (1.)THE present petition has been filed challenging the order passed by the Central Administrative Tribunal which is Annexure P/5 to the petition.
(2.)THE petitioner filed Original Application before the Central Administrative Tribunal for the quashment of the adverse remark for the year 1998 -99. The said application was registered as O.A. No. 631/04.
(3.)THE petitioner is a member of the Indian Administrative Service and belongs to M.P. Cadre of 1973 batch. The grounds raised by the petitioner was that prior to the year 1998 -99 the petitioner was graded to be 'good' and 'very good' but only for the year 1998 -99, confidential report of the petitioner was adverse. It was also the case of the petitioner that confidential report of the petitioner for the subsequent years had also been very good. The application filed by the petitioner before the tribunal was opposed. The tribunal after hearing the parties came to the conclusion that the confidential report which has been communicated to the petitioner since is based upon the material, therefore, the same is not liable to be quashed. Consequently the Original Application filed by the petitioner was dismissed. The petitioner has challenged the said order.
Learned counsel for the petitioner submitted that prior to the year 1998 - 99 the confidential report of the petitioner was 'very good' and on that basis counsel for the petitioner relying upon the order passed in the case of State of U.P. vs. Yamuna Shanker Misra and Anr. : 1997(4) SCC 7 contended that in the present case the performance of the petitioner for the year preceding to 1998 -99 and subsequent to 1998 -99 had been excellent, so the shortfalls were liable to be communicated to the petitioner so that there would have been a chance to improve.