- (1.) The present appeal has been filed by the plaintiff who is aggrieved against the concurrent findings of the Courts below whereby the suit for declaration of the plaintiff regarding expunging of the adverse remarks for the year 2002-03 recorded in his Annual Confidential Report has been dismissed.
(2.) The plaintiff filed the suit on the ground that he was conveyed vide memo No.41.69/ECC dated 17.6.2003 the annual confidential report for the year 2002-03 with adverse remarks that he was habitual misappropriator (Yes Gaban Karne Ka Aaadi Hai") and that he was classified as below average against which he filed an appeal before the Appellate Authority- Transport Commissioner, Haryana Roadways, Chandigarh and his appeal was rejected by the Transport Commissioner, Haryana Roadways, Chandigarh vide order dated 16.9.2005. The plaintiff pleaded that adverse remarks recorded in his Annual Confidential Report for the year 2002-03 were not based on any material and as such the same were illegal, void, result of malafide intention of the defendants and liable to be expunged. The plaintiff further pleaded that adverse remarks were conveyed to him after delay of four months and was a stale entry and could not be taken into consideration. Accordingly, he sought declaration that adverse remarks be expunged.
(3.) The defendants in their written statement gave examples of embezzlement of Rs.18/- on 20.6.2002, Rs.16/- on 2.7.2002, Rs.60/- on 26.11.2002 and Rs.5/- on 31.12.2002 and that plaintiff had intended to commit embezzlement of Rs.49/- on 31.12.2002 and, therefore, the adverse remarks were recorded by the reporting officer. The suit was not maintainable in the said form and the plaintiff had not come to the Court with clean hands. The defendants accordingly pleaded that the adverse remarks were justified and recorded according to the rules and there was no illegality and the same was conveyed to the plaintiff within time.;