TMI Blog1996 (1) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... nesty. It was alleged that on 9.3.1987 the respondent attempted to misappropriate one bag of wheat from the godown of the appellant but was caught red-handed. The respondent confessed to his guilt and requested that he may be excused. On an earlier occasion he had failed to perform a night duty and had also misbehaved with his senior officer. Vide his letter dated 26.2.1987, the respondent had admitted having committed the said mistakes and again requested that he may excused. In respect of the year 1986-87, an adverse entry was recorded in the respondent's Confidential Report to the effect that his honesty and integrity was doubtful and that he had not been attending his duties efficiently and had been lazy, undisciplined and was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 48 of 1991 from which the present appeal arises, where apart from the prayer for quashing the aforesaid order dated 6.8.1990, it was again prayed by the respondent that the adverse report for the year 1986-87 should be quashed. The case of the appellant herein before the High Court was that earlier Writ Petition for substantially the same relief had already been dismissed. Further more, the case of the respondent was stated to have been reviewed in accordance with the provisions of Rule 4.8 of the Punjab Civil Service Rules Vol. 1, Part-1 as applicable to the Government employees in Haryana and also as per the instructions dated 29.1.1974 issued by the Haryana State Government as amended by instructions dated 24.11.1974. By the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if they were applicable, had not been violated. The main contention which has been urged on behalf of the respondent was that the principles of natural justice were attracted and that no opportunity has been given before passing the orders whereby the respondent was communicated the decision of the appellant not to allow him to cross the efficiency bar. The High Court, in our opinion, was not right in coming to the conclusion that any opportunity should have been granted to the respondent before an adverse decision is taken with regard to non-crossing of efficiency bar. Rule 4.8 of Punjab State Service Rules provides that where an efficiency bar is prescribed in a time scale, the next increment above the bar is not to be given to an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iency bar is not by way of punishment and does not cause any stigma on an employee. When an efficiency bar is inserted in a time scale it only means that at that stage annual increment is not as of right but the bar will be removed, and an employee allowed further increments, if the authority concerned comes to the conclusion that such an employee is not inefficient. An opinion to this effect has necessarily to be a subjective one though it must be based on relevant facts. It is further seen that in the aforesaid instructions, it has been stated that an order stopping an employee at an efficiency bar should be by speaking order and sufficient details should be given so that an employee can, if he so desires, make a representation against th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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