RAJESH BALIA,J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS appeal is directed against the order passed by the learned Single Judge rejecting the petition filed by the petitioner -appellant against the order of rejecting his representation against -adverse entries made in his Annual Confidential Rolls for the Financial Year 1994 -95 and 1995 -96. It relates to the period during which the petitioner was posted at Phalodi as Junior Specialist (Pediatric) and as Incharge of the Govt. Dispensary Phalodi which comes under jurisdiction of Chief Medical and Health Officer, Jodhpur. Primarily the petitioner's contention before the learned Single Judge had been that adverse entries have been entered in his Annual Confidential Rolls of the years in question because of the malafide intention of respondent No. 4 the then Chief Medical and Health Officer, Jodhpur, without there being any material before him for the relevant period. Merely because he has been arrayed in contempt petition filed by him for wilful disobedience of the order passed by this Court on 14.12.1995 in S.B. Civil Writ Petition No. 5325/94. Because of that reason, his Annual Confidential Rolls have been spoiled deliberately by the respondent No. 4, who otherwise had been instrumental in getting him a certificate of appreciation of his work for 1994 -95 from the Deputy Collector, Phalodi on 15th August, 1994.
(3.) LEARNED Single Judge was of the opinion that the case of the petitioner is fully governed by the ratio laid down in Swatantar Singh v. State of Haryana and Ors. : (1997)IILLJ8SC wherein the apex court has held that sometimes there may not be concrete material evidence to make it part of the record. It may be impracticable for reporting officer or competent controlling officer, writing confidential report to give specific instances of short -falls supported with evidence. For this reason, the petition was dismissed summarily without issuing notices to the respondents.;