In the High Court of Judicature at Madras Dated: 16.12.2008 Coram: The Honourable Mr.Justice S.J.Mukhopadhaya and The Honourable Mr.Justice V.Dhanapalan Writ Appeal No.1160 of 2008 V.Vijayakrishnan .. Appellant vs. 1. Station Director, Commercial Broadcasting Service, Government of India, All India Radio, Chennai-4. 2. Programme Executive (Coordination), Commercial Broadcasting Service, All India Radio, Chennai-4. 3. C.Kamalakannan, Programme Executive, All India Radio, Udhagamandalam, The Nilgiris District. (Now working at All India Radio, Pondicherry). .. Respondents Writ Appeal against the order dated 29.4.2008 passed by the single Judge, in Writ Petition No.14474 of 1998 on the file of this Court. W.P.14474/98: This Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari calling for the records pertaining to the adverse entry in the confidential report of the petitioner as communicated in Memorandum No.SD/CBM/Memo/97/447 dated 30.6.97 as confirmed by the 1st Respondent in Memorandum No.SD/CBM/Memo/97/458 dated 22/25.9.97 and quash the same. For appellant : Mr.C.Selvaraju, Senior Counsel for M/s.S.Mani Judgment (The Judgment of the Court was delivered by S.J.Mukhopadhaya,J) The appellant-writ petitioner (V.Vijayakrishnan), Transmission Executive under the Commercial Broadcasting Service of All India Radio, https://hcservices.ecourts.gov.in/hcservices/ Chennai, was communicated with adverse remarks made vide Memorandum, dated 30.6.1997 for the period 1.4.1996 to 31.3.1997. The representation for expunging the remarks, was also rejected by the superior authority--first respondent-Station Director of the All India Radio. 2. The learned single Judge having rejected the Writ Petition in question, the present Writ Appeal has been preferred by the appellant (writ petitioner). 3. The grievance of the appellant-writ petitioner is that the adverse remarks were not based on any reasoning and have been so recorded without assessing the total performance of the appellant and recorded by the Controlling Authority, who was biased towards the appellant. 4. Now, it is settled law that for writing adverse or favourable comments in the Annual Confidential Reports (for short, 'the ACR'), no reasoning is required to be cited. The Controlling Authority, after looking into the performance of the whole year, generally makes an objective assessment of the performance of the Officer, which is reflected in the ACR. In the absence of any evidence on record, it cannot be presumed that the Controlling Authority, who recorded the entries in the ACR, was personally biased towards the appellant, merely because he wrote certain adverse remarks against the appellant. 5. Further, from the ACR as communicated vide Memorandum dated 30.6.1997, it will be evident that for most of the work, at Part-III, the Controlling Authority has given remarks as "Good" or "Fair", but with regard to certain actions like relations with superiors and general assessment, the Controlling Authority has mentioned that the appellant should show improvement and was required to rise up to the occasion and to adapt to situation in a suitable manner in order to sharpen his skills in broadcasting. 6. We find no illegality in the adverse remarks made by the Controlling Authority or the rejection of the representation seeking for expunging of the remarks, nor inclined to interfere with the impugned order passed by the learned single Judge. In the absence of any merits, the Writ Petition is dismissed. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. cs https://hcservices.ecourts.gov.in/hcservices/ To 1. The Station Director, Commercial Broadcasting Service, Government of India, All India Radio, Chennai-4. 2. The Programme Executive (Coordination), Commercial Broadcasting Service, All India Radio, Chennai-4. + 1 cc to Mr.S.Mani, Advocate, SR.70653 Writ Appeal No.1160 of 2008 SGL(CO) EM/22.12.08 https://hcservices.ecourts.gov.in/hcservices/