CW 3454/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3454/06 Sampat Lal Apurva Versus State & Ors. DATE OF ORDER : 05/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anand Sharma, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Petitioner, who is working as Upper Division Clerk in the department of forest, has assailed adverse remarks communicated to him in his APARs of 1999-2000 and representation made was also rejected vide Ann.5 dt.23rd February, 2006. Preliminary objection has been raised by the respondents that mere communication of adverse remarks and rejection thereof as such may not cause prejudice unless his condition of service eitherway has been affected on account of its communication. Counsel for respondents submits that in view of judgment of this court in Tayyab Ali Vs. State of Rajasthan [1988 (2) RLR-1] if any prejudice has been caused on account of alleged remarks CW 3454/06 [2] communicated in his APARs can certainly be assailed by him along with order which may cause prejudice to him by filing appeal before Service Appellate Tribunal under the Act, 1976. In view of availability of alternative remedy to the petitioner to assail the adverse remarks which were challenged in the instant petition at the appropriate stage if any prejudice is caused to him in future. In view thereof, present petition is accordingly, dismissed. However, petitioner will be at liberty to assail the same if any prejudice is caused to him in future. [AJAY RASTOGI], J. FRBOHRA3454CW06 5-1.doc