HON'BLE MR.JUSTICE MEHTAB S GILL
HON'BLE MR.JUSTICE K KANNAN
1.Adverse remarks in the ACRs for the period between 01-04-1996 to 10- 01-2007 is sought to be expunged by the judicial intervention at the instance of the petitioner on the ground that the entries are against the departmental instructions about the manner of recording of adverse remarks in the column of integrity. 2.The case deserves disposal on a short point that the incident that had coloured the preception of reviewing an officer was the fact that there had been some criminal complaint and departmental proceedings pending against the petitioner. The criminal complaint had been withdrawn; even the departmental proceedings that had been initiated against him, were ultimately entered in his favour on the ground that the charges had not been proved. The only plea of the petitioner is that the entries in the ACR would require to be removed in view of changed circumstances. The petitioner has drawn our attention to the entries from 1984 to 31-03-1990 when no adverse entries had been made but on the other hand the petitioner had been described as a good officer consistently. Only during the period from 07-07-1990 to 31-03-1991 the remark had been that there was departmental enquiry on the charge of dereliction of his duty and then again from 1991 to onwards he had been graded as an Officer of low standard. But for the period from 01-04-2006, there were adverse entries in his ACR which is what is impugned before us. The departmental enquiries during the said period when the entries had been adverse, have been shown before us as having concluded in favour of the petitioner. We are not entering into the merits as to whether the advese entries should continue or not and when we put it across the issue of fresh CWP 6918 of 2008 --2-- consideration in the light of the outcome of the departmental enquiry, counsel for the respondents has no objection to the same.
3.Under the circumstances, we set aside the orders impugned in the writ petition, namely, the orders of respondents Nos.3 and 5 and direct reconsideration of the entries in the light of ultimate outcome of the departmental enquiries undertaken during the relevant period.
4.The writ petition is disposed of in the above terms.
