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CWP No. 1608 of 2019-A
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Date of Decision : July 24 , 2019
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Versus
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Coram:
The Hon’ble Mr. Justice V. Ramasubramanian, Chief Justice.
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The Hon’ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1
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For the petitioner : Mr. Sunil Mohan Goel and Mr. Paras
Dhaulta, Advocates.
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Whether reporters of Local Papers may be allowed to see the judgment?
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respondent herein, the person working as a Superintending
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Development Authority (in short referred to as the
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2. Heard Mr. Sunil Mohan Goel, learned Counsel for
respondent.
“Good”.
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5. Therefore, the 3rd respondent filed an Original
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application was transferred to this Court after the abolition
of
No. 15395 of 2008. The said writ petition filed by the 3 rd
725.
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writ petition.
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7. By the time the matter was remanded, the Tribunal
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13.7.2017 passed in the said case and renumbered as T.A.
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respondent herein to make a representation to the 1 st
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upgraded, the applicant shall be considered for
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promotion retrospectively by the Departmental
Promotion Committed within three months
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thereafter and if the applicant gets selected for
promotion retrospectively, she should be given
benefits notionally till the joining.”
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8. Pursuant to the said order, the 3rd respondent made
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a representation on 31.7.2017. The said representation was
“Very Good”.
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the entries made in the ACRs of the 3rd respondent. In any
case, the Tribunal also felt that there was no scope for
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judicial review in such cases. Aggrieved by the said order,
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writ petition.
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a locus standi to challenge the modification of the entries.
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13. The judgment of the Supreme Court in Lakhi Ram
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Therefore the first paragraph which contains the portion
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remarks was illegal and invalid, the adverse
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remarks would continue to remain in the
confidential report of respondent 6 and that
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would improve the chances of promotion of the
appellant vis-a-vis respondent 6. The appellant
was, therefore, clearly entitled to show that
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the government acted beyond the scope of its
power in expunging the adverse remarks in
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the confidential report of respondent 6 and
that the expungement of adverse remarks
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should be cancelled. The appellant had, in the
circumstances, locus standi to maintain the
writ petition and the High Court was in error in
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the Reporting Officer recorded “Very Good” for all the three
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the direction issued by this Court, the Additional Chief
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Authority, came to the conclusion that the entry recorded
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correct. Therefore, the Appellate Authority has restored the
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Government’s action, expunging the adverse remarks has
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expunction.
of
Lakhi Ram (supra) in paragraph-14 of the judgment in
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chances of promotion. A series of judgments of the Supreme
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Chandra Gupta (supra) to the effect that mere chances of
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promotion.
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matter between an employer and the concerned employee.
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ACRs of any other person. In case of adverse remarks, a
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the ACRs of his colleague. But no one has a right to say
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(Housing) to the Government of Himachal Pradesh to
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petitioner in CWP No. 1896 of 2017. The said writ petition
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contention, in the said writ petition, was that the Tribunal
already been made and the same had also been allowed by
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Secretary (Housing) cannot be taken to have re-written the
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petitioner.
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1896 of 2017 was also taken on an appeal by the writ
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before this Court in CWP No.1896 of 2017. Therefore, it
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29. If the locus of the petitioner was not in question
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on account of writ petition having become infructuous, the
accordingly.
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(V. Ramasubramanian),
Chief Justice.
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(Anoop Chitkara),
Judge.
July 24 , 2019 (PK)