ANANDA SEN,J. - (1.) A supplementary affidavit has been filed on behalf of the petitioner today in the Court, which is kept on record.
(2.) The petitioner has filed this application praying therein to expunge the adverse remarks made against the petitioner in the order dated 22.4.2016 in B.A. No. 1412 of 2016 with a direction to enter the same in the "Annual Confidential Report" of the petitioner with note that the same should be looked into at the time of his promotion.
(3.) Mr. Anil Kumar Sinha, learned Sr. counsel appearing for the petitioner submits that by no stretch of imagination, this adverse remark could have been passed against this petitioner. He submits that the petitioner has not violated any undertaking given by him before this Court which could have warranted this harsh stricture against him. He submits that, in fact, he has produced the witnesses before the trial court but the same could not be examined on the date fixed. The fact of non-examination of the produced witness was not within his knowledge. He submits that this Hon'ble Court was also not informed about the aforesaid fact, resulting in the adverse remarks. He further submits that, in fact, this Court failed to take into consideration that this petitioner has not given any undertaking before this Court, rather has intimated to the Additional Public Prosecutor by a letter that the witnesses will be produced in the Court.;