CW 4302/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4302/08 Dr. J.L. Meena Versus State of Raj. DATE OF ORDER : 08/05/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. D.P. Sharma, for petitioner *** Instant petition has been filed by petitioner who is working as Assistant Professor [Surgery] assailing adverse remarks which were recorded for the year 2004-05 and communicated to him vide order Ann.1 dated 27th March, 2006 and the reply after consideration was rejected by the competent authority vide order Ann.3 dated 11th August, 2006. A specific question was put to the counsel that what was the cause for delay in filing instant petition. His only contention is that since respondents are now going to hold regular Departmental Promotion Committee for promotion that has constrained him to file instant petition. This court is not satisfied with the explanation furnished for filing instant petition after inordinate delay. Apart from it, merely because adverse remarks which have been finally maintained for the year 2004-05 independently does not cause any prejudice to the incumbent unless this being considered and deprived him of his service condition. CW 4302/08 [2] Full Bench of this court in Tayyab Ali Vs. State of Rajasthan [1988 (2) RLR-1] has finally observed that if any order is passed which cause prejudice to employee based on the adverse remarks which are finally maintained the same can be assailed by him by filing appeal before the Tribunal under the Act, 1976. In view thereof, this court finds no merit in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA4302CW2008 8-5.doc