- (1.) The petitioner has assailed the communication dated July 21,1987, addressed by the Additional Registrar, Cooperative Societies, Haryana, Chandigarh informing him about the recording of adverse remarks in his annual confidential report (the 'ACR' for brevity) for the year 1985-86 and the order of the State Government conveyed by the Registrar, Cooperative Societies, Haryana, Chandigarh vide Memo No. 17/35/87-Admn.(I), dated July 6, 1990, copy Annexure P-4 (wrongly mentioned in the writ petition as Annexure P-7) informing him that his representation for expunging the adverse remarks had been partly accepted and partly rejected, in this petition under Articles 226/227 of the Constitution of India.
(2.) The writ petition came up for motion hearing on August 22, 1990 and the following order was passed by the Motion Bench : "The learned counsel for the petitioner relies on the admission of C.W.P. No. 1942 of 1990 (Shri Pal Jain v. The Engineer-in-Chief, etc.,1994 1 SCT 794) which has been admitted to D.B., and according to the learned counsel involves similar question of law as in the present case. Admitted D.B. To be heard with the abovesaid case." The connection writ petitions bearing C.W.P. Nos. 1942 and 9356 of 1990 have also been enlisted before us. This writ petition cannot be disposed of with those cases because of dissimilarity of facts and is being disposed of by a separate judgment.
(3.) The facts :- The petitioner was appointed as Inspector, Cooperative Societies, in the Erstwhile State of Punjab on January 15, 1961 after his selection by the Subordinate Services Selection Board, Punjab. He joined the territorial Army as Commissioned Officer in July, 1966 was released from the Army on March 28, 1985. He got the benefit of Military Service and was posted as Assistant Registrar, Cooperative Societies, Ferozepur Zirka. He was given the proforma promotion as Assistant Registrar with effect from September 8, 1972. He was posted as Managing Director of the Faridabad Central Cooperative Bank Limited, Faridabad (for short, the Bank) on November 19, 1985 and remained posted there uptill December 8, 1986. The ACR of the petitioner for the period from November 19, 1985 to June 30, 1986 pertaining to the year 1985-86 was initiated by Shri Hem Raj, Chairman of the Bank. It was reviewed by the Managing Director of the Haryana State Cooperative Apex Bank Ltd., Chandigarh (for short, the Apex Bank) as well as by the Registrar, Cooperative Societies, Haryana. The remarks in the ACR were approved by the Commissioner and Secretary to Govt., Haryana, Cooperation Department, who is the accepting authority. The adverse remarks in the ACR were conveyed to the petitioner by the Additional Registrar (Admn.), Cooperative Societies, Haryana, Chandigarh vide letter dated July 21, 1987.;