C S CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition has been filed by the petitioner for the prayer to quash and set aside the impugned communication/order dated 11.12.2006 (Annexure I) as it is violative of Art. 14 of the Constitution of India. It has been also prayed that the representation of the petitioner has not been considered as per the order passed by this Court in Special Civil Application No. 19450/06 dated 20.9.2006. It is also prayed to direct the respondent authorities to stay the operation and implementation of the impugned communication/order dated 23.3.2001 as well as order dated 11.12.2006 (Annexure I) and also further direct to consider and decide the representation after considering the opinion of the reviewing authority dated 6.12.2006 (Annexure J) as per the order of this Court in Special Civil Application No. 19450/06 dated 20.9.2006.

(2.) THE facts of the case, briefly stated, are that by communication dated 23.3.2001 (Annexure A), adverse remarks were communicated to the petitioner and by another communication on same day, i.e., 23.3.2001 (Annexure B) again it has been communicated to the petitioner that the remarks in Part -IV, Column No. 4 is "SFAIR". The remarks in Part -IV, Column No. 4 provide, Overall assessment including mention of outstanding work, "SFAIR" if any.

(3.) THEREFORE , it has been contended that as the said remarks, which was adverse, communicated earlier were in fact treated as 'fair' and was not to be treated as adverse remark he was not required to make any representation and it was not to be treated as adverse and it was only communicated with a view to improve the performance of the petitioner. Therefore, it has been emphasized that for the purpose of considering the case of the petitioner for further promotion, despite the communication dated 23.3.2001 which clearly indicates that the earlier communication on the same day should not be treated as averse remark and overall performance and assessment in the C.R. of the petitioner is "Sfair".