IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 4479 of 2008. Decided on: 26.7.2010. __________________________________________________ Shri Vijay Kumar … Petitioner. Versus State of H.P. and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. J.S. Bagga, Advocate. For respondents No.1 & 2 : Mr. Rajinder Dogra, Addl. A.G. For respondent No.3 : Mr. Ajay Sharma, Advocate. ___________________________________________________________ V.K. Sharma, Judge (Oral). The petitioner, who at the relevant time was working as Clerk in the office of the Assistant Registrar, Co-operative Societies, Una (H.P.), is seeking expunction of the following remarks recorded in his Annual Confidential Report (ACR) for the year 1992-93, Annexure A-1 with consequential relief of grant of senior scale from the due date, i.e. 26.10.1993: Sr. No. Point Remarks 10. Proficiency in his work viz maintenance of prescribed registers and charts etc. He is poor to maintain prescribed registers and charts. 11. Industrious & keenness: (a) puts in hard work and is keen to do his job thoroughly. (b)is indifferent and required prompting & constant supervision to He is not keen to do his job thoroughly. He requires help of others. He required constant supervision to complete his work. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 ensure completion of his work. 12. Is he ever been entrusted with work other than routine? If so, indicate his capacity to express himself with clarity and comprehension in his notes and drafts. Yes. He can’t work without the help of others. He should improve his drafting and notes which are poor. 2. The petition has been filed for grant of the following substantive reliefs, vide para 7 (ii) and (iii) of the petition: (ii) That the Annexures A-1, A-2, A-3 and A-4 may kindly be quashed and set aside and the adverse remarks passed against the applicant may kindly be expunged. (iii) That the respondents may kindly be directed to give the senior scale to the applicant from the date when it actually became due to the applicant, i.e. with effect from 26.10.1993. 3. Precisely stated the ground set up by the petitioner for expunction of the aforesaid remarks and grant of the consequential relief is that at the relevant time, he was working under the supervision and control of one Shri Mohinder Singh Jaswal, Inspector, Co-operative Societies, Gagret, District Una, who, it is alleged, was tampering with his tour diaries to claim false T.A. claims, which irregularity was pointed out by the petitioner owing to which he had been harbouring grudge against him. It was due to this reason that Shri Mohinder Singh Jaswal recorded the above adverse remarks in his ACR in utter disregard to objective assessment and instead on his subjective opinion and as a retaliatory measure. Though these insinuations have been vehemently denied on behalf of the respondents, yet on perusal of 3 and a complete and harmonious reading of tour diaries submitted by Shri Mohinder Singh Jaswal, Annexure A-5 and Annexure A-6, both of which are for the same period spanning between 16.2.1993 to 28.2.1993, there is marked divergence coupled with additions/interpolations with regard to the entries pertaining to 24th and 25th February, 1993. In tour diary, Annexure A-5, English translation whereof is Annexure A-5/A, the entry relating to 24th & 25th February, 1993 is as under: “24.2.93 Today at 8.00 a.m. proceeded from Una Joh to Joh at 11.00 a.m. and conducted the audit of Joh CAS Society. 25.2.93 Stayed at Joh and conducted the audit Joh of Joh CAS Society.” 4. However, in tour diary, Annexure A-6 (English translation, Annexure A-6/A), the entry with regard to the same dates, i.e. 24th and 25th Feburary, 1993 is to the following effect: “24.2.93 Today at 8.00 a.m. from Una and Joh reached at Joh at 11.00 a.m. and conducted the audit of Joh CAS Society. In the evening at 4.00 p.m. proceeded from Joh to Gagrate and reached there at 5.30 p.m. 25.2.93 Stayed at Joh and conducted the audit Joh of Joh CAS Society.” 5. In support of the contention that Shri Mohinder Singh Jaswal was unfavourably disposed of towards the petitioner due to the aforesaid reason, he has brought on record an affidavit of one Shri S.D. Bhandhari, who during the period 10.7.1989 to 30.11.1994 was working as Assistant Registrar, Co-operative Societies, Una and has now retired. The recitals contained in the affidavit are to the following effect: “That I was working as Assistant Registrar, Co- operative Societies, Una from 10.7.89 to 30.11.1994. 4 That the relation between S/Sh. Mohinder Singh, Inspector, Coop. Societies, Gagret and Vijay Kumar, Clerk, office of the Inspector, Coop. Socs. Gagret were strained after February, 1993 and I amicably settled the matter in the month of April, 1993.” 6. Though much credence cannot be attached to the aforesaid affidavit of Shri S.D. Bhandhari, for the reason that the same has come into existence after about four years from the period under consideration, yet from the perusal of para-wise comments submitted by the Assistant Registrar, Co-operative Societies, Una for preparation of reply proposed to be filed to the present petition on behalf of respondents No. 1 & 2, a copy of which has been brought on record by the petitioner by way of CMP(T) No. 35/2010, it transpires that there appears to be some substance in the contention raised by the petitioner with regard to non-observance of objectivity by Shri Mohinder Singh Jaswal while recording the aforesaid remarks in his ACR. 7. The cumulative effect of the above discussion is that though the Court would be reluctant to interfere with the remarks in ACR, more particularly, when all the remedies against such remarks have already been availed by the petitioner unsuccessfully, yet taking into consideration the peculiar facts and circumstances of the present case, as noticed hereinabove, I am inclined to grant his prayer in this regard. 8. In view of the above, Annexures A-1, A-2, A-3 and A- 4 are quashed and set aside and the adverse remarks as above are ordered to be expunged. Consequently, the petitioner is held entitled to the next senior scale, if any, admissible to him from the 5 due date, i.e. 26.10.1993 with a direction to respondents No. 1 & 2 to settle the matter in this regard finally and pay the resultant financial benefit, if any, to the petitioner within three months from the date of production of a copy of this judgment by him to respondent No.1. 9. The petition stands disposed of in the above terms. Pending CMPs, if any, shall also stand disposed of. (V.K. Sharma) Judge. July 26, 2010. (cr)