CWP 6205/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No. 6205/2009 Dr. M.R. Khanna Versus The State & ors. DATE OF ORDER : 09/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Rajesh Kapoor, for petitioner *** Instant petition has been filed by the petitioner assailing the adverse remarks which are recorded in his APARs for the year 2005-06 and his representation was also rejected by the authorities. The grievance of the petitioner is that the adverse remarks of the year 2005-06, if allowed to continue in his service record, the same will certainly cause prejudice to him at the time of his consideration for further promotion under the Rules. The adverse remarks, which have been communicated to the petitioner, at this stage has not caused any prejudice but it may affect while he is considered for promotion if not found suitable on account of the impugned adverse remarks. This Court in the case of Tayyab Ali Vs. State of Rajasthan, reported in 1988(2) RLR Page 1 has however observed that if any prejudice is CWP 6205/09 [2] caused on account of the adverse remarks recorded in APAR while considered for promotion etc., the incumbent while assailing the order of promotion can also assail the adverse remarks which are communicated to him by filing appeal before the Tribunal under the Act of 1976. In view of the remedy available to the petitioner, this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India at this stage. However, the petitioner will be at liberty to assail the adverse remarks record in his APAR of the year 2005-06 at the appropriate stage availing the remedy available under the law. Consequently, this writ petition fails and it is accordingly dismissed. [AJAY RASTOGI], J. Raghu-6205-cw-2009-final.doc