S.S. Sudhalkar, J. - (1.) By this writ petition, the petitioner is praying for expunging the adverse remarks against him which have been conveyed vide order Annexure P/1. They are as under: "Integrity and General reputation: Doubtful.
(2.) In the written statement it has been stated that the petitioner had sent a constable to the owner of a shop for bringing Rs. 200/- as a bribe in a criminal case. In another case a thief was handed over to the petitioner but no legal action was taken against him from 28.2.1991 to 4.3.1991. Learned counsel for the petitioner argued that regarding the case of corruption against the petitioner, a departmental enquiry was held and he was exonerated vide order Annexure P/3 dated 31.7.1991. The respondents have stated in their written statement that the adverse remarks recorded against the petitioner were based on his general reputation and the allegations under the departmental enquiry were not the sole basis of adverse remarks. Therefore, the fact remains that the petitioner was exonerated in the departmental enquiry so far as charge of corruption against the petitioner is concerned. So far as general reputation is concerned, this information is gathered by the officer who recorded the adverse remarks and it is not shown that the petitioner was given any chance to show cause against the remark. In the case of State of U.P. v. Yamuna Shanker Misra and another, 1997(2) SLR 311 , the Supreme Court has held that the adverse remarks on the general reputation without confrontation of the same to the petitioner cannot be upheld.
(3.) In view of the above, this petition deserves to be allowed.;