M.L. Singhal, J. - (1.) KARAN Singh was conductor in the Haryana Roadways, Jind Depot. General Manager, Haryana Roadways, Jind Deport recorded the following adverse remarks in his confidential report for the year 1990 -1991: (i) Honesty : Not an honest person (ii) Fault if any : Does not take interest and consumes wine when chance is found. Behaviour not good. (iii) General : Less than Average (ausat se kaam) He filed suit for declaration thereby challenging the adverse remarks recorded in his ACR for the year 1990 -91. It was alleged in the plaint that the adverse remarks were recorded in his ACR for the year, 1990 -91 mala fide and without any basis. These remarks are required to be expunged because if they are allowed to remain in his annual confidential report, they will work injury to him inasmuch as he will be put to financial loss and will be barred for promotion, increments etc. These remarks were recorded due to personal animosity of the General Manager, Haryana Roadways, Jind Depot towards him. He challenged the order before the State Transport Commissioner, Haryana by way of appeal who rejected his appeal. No complaint of mis -appropriation was filed against him by any person. There was no complaint against him that he charged bus fare from certain persons, did not issue them tickets and pocketed the bus fare. He was never found drunk while on duty. There was no complaint of mis -behaviour against him by any passenger or any member of the staff travelling by a bus which he was conducting. Fact of the matter was that he was a member of the employees union and the traffic manager, who had initiated the ACR on him had personal animosity with him. He recorded adverse remarks due to bias against him.
(2.) DEFENDANT -State of Haryana contested the suit of the plaintiff. It was alleged that the adverse remarks had been recorded in his ACR for the year 1990 -91 justifiably. Reporting Officer had recorded these remarks after observing his work and conduct daily. He had the occasion to watch his work, conduct and behavior daily. On the pleadings of the parties, the following issues were framed : 1. Whether the adverse, remarks recorded in the annual confidential report for the year 1990 -91 and conveyed to the plaintiff vide letter No. 180 -82/A3/E -3 dated 5.1.96 is illegal, null and void and liable to be expunged as averred ? OPP 2. Whether the suit is not maintainable in the present form ? OPD 3. Whether the plaintiff is estopped from filing the present suit by his own act and conduct ? OPD
(3.) WHETHER the plaintiff has no cause of action to file this suit ? OPD;