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2000 (8) TMI 1128

. In this petition, rule was issued by this Court on 17-7-1987 and the matter was ordered to be heard expeditiously. Respondents have not filed any reply to the present petition. 2. The facts of the present petition, in brief, are that the petitioner was appointed as a clerk on 16-1-1951 in the Revenue Department in the Amreli District. On 15-8-1960, he was promoted as a senior clerk (now deputy mamlatdar) and on 1-6-1980, he was promoted as a mamlatdar and was posted as rojgar project officer at Dhrol, and thereafter as R.R.T., Jamnagar. He served upto 5-10-1981. From 6-10-1981 to 21-7-1986, he worked as Mamlatdar at Ranavav, Junagadh District and in July, again, he was posted as R.R.T., Collector Office, Amreli. According to the petitione .....

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nication Annexure "A" page 21 dated 10-12-1985, the petitioner was communicated the adverse remarks for the period from 1-4-1984 to 31-3-1985. Against the said adverse remarks, the petitioner had made representation dated 20-1-1986 which has been considered and rejected by the authority on 8-9-1986 and the adverse entries made in his adverse remarks were made permanent. Thereafter, show cause notice dated 24-9-1986 was issued by the authority to the petitioner wherein it has been mentioned that the petitioner is not entitled to cross the Efficiency Bar from 1st June, 1985 and explanation was invited from the petitioner by the authority. The reply was submitted by the petitioner on 12th October, 1986, and thereafter, two representa .....

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revious instructions that for the purpose of allowing the Government servants to cross the Efficiency Bar, the competent authority should make an overall assessment of the annual confidential report of the person due to cross the Efficiency Bar relating to the period of his service in the scale of pay in which it is proposed to allow the crossing of Efficiency Bar and particularly those relating to his service during the previous three years so as to satisfy itself that the person's service has been reasonably satisfactory and not below the average or poor. The person satisfying the above criteria should be allowed to cross the Efficiency Bar, If the services in the scale of pay is less than three years, then the available annual confid .....

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next promotion was to the post of Deputy Collector. It is the contention of Mr. Parikh that according to the resolution dated 20-1-1972, in all, service record of past previous three years is required to be taken into consideration by the authority but in this case, annual confidential reports for the period from 1st April, 1984 to 31st March, 1985 alone has been considered for denying the benefit of crossing Efficiency Bar and therefore, it is clear that past three years annual reports have not been taken into consideration, and therefore, the action is not in consonance with the provisions of the resolution dated 20-1-1972. In show cause notice dated 24-9-1986, the adverse entry in the confidential report has been considered against the p .....

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consideration the decisions cited by Mr. Parikh in support of his submissions. In 1985 (2) GLR 616, the question of communication of adverse remarks to the employee concerned has been considered by the Division Bench of this Court and it has been observed that the merits or demerits are to be judged on the basis of four factors, as per the rules already referred to hereinabove. In 7992 (1) GLH 209, it has been observed by this Court that the adverse remarks and the adverse entries in the petitioner's confidential report for the period between 13-10-1986 and 31-3-1987 were communicated to the petitioner after about thirteen months. The Government circulars issued from time to time provided that the adverse remarks should be communicated .....

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ed by the respondent-authority dated 10th December, 1985 confirming the said adverse entries by order dated 8th September, 1986 and the show cause notice dated 24th September, 1986 are required to be quashed and set aside by allowing this petition. Accordingly, order dated 10th December,1985 as well as the order dated 8th September, 1986 and the show cause notice dated 24-9-1986 are hereby quashed and set aside and the respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Collector by ignoring the said adverse remarks for the aforesaid period from 1st April, 1984 to 31st March, 1985 and it is also declared that the petitioner is entitled to normal increment from 1st June, 1985 till the date of h .....

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