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TMI Blog1997 (2) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... of Orissa [1994 Supp.(3) SCC 424], this Court underlined the need to write confidential] reports objectively, fairly and dispassionately in a constructive manner either commenting/downgrading the conduct, character, efficiency or integrity of the officer in that behalf. If is stated in para 11 that from the year 1973-74, the performance of the duty by the appellant therein was consistently as 'satisfactory' to ' 'fair' except for the year 1987-88 in which year he dropped down suddenly as an average or below average teacher. In that behalf it was held that "when he was a responsible teacher and he had cordial relations with the student community, and was taking pains to impart lessons to the students, would it be believable that he avoids to take classes and drops down "if not watched"? When anterior to or subsequent to 1987-88 he was a man of ability and of integrity, the same whether would become below average only for the academic year 1987-88 without discernible reasons. it would speak volumes on the objectivity of assessment by the reporting officer i.e. the Principal. This conduct is much to be desired. This case would establish as a stark reality that writing c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disciplinary rules, subject of course, to the protection under Article 311(2); but to maintain honesty, straightforwardness and efficiency in permanent civil servants, it was pointed out, from the point of view of the State, that they should enjoy a sense of security which alone can make them independent and truly efficient. In Delhi Transport Corporation vs. D.T.C. Mazdoor Congress & Ors. [1991 Supp.(1) SCC 600 at 739], to which one of us, K. Ramaswamy, J., was a member, the Constitution Bench had held that the Sword of Damocles hanging over the head of a public servant would inevitably create a sense of insecurity, The unbridled wide discretionary powers would conceivably be abused. Thereby this Court laid emphasis that "an assurance of security of service to a public employee is essential requisite for efficiency and incorruptibility of public administration. It is also an assurance to take independent drive and initiative in the discharge of the public duties to actuate the goals of social justice set down in the Constitution". In paragraph 275 at 740-41, it is further pointed out that the Court should take note of actualities of life that persons actuated to corrupt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w objectivity, impartiality and fair assessment without any prejudices whatsoever with the highest sense of responsibility alone to inculcate devotion to duty, honesty and integrity to improve excellence of the individual officer. Lest the officers get demoralised which would be deleterious to the efficacy and efficiency of public service. Therefore, they should be written by a superior officer of high rank. who are such high rank officers is for the appellant to decide. The appellants have to prescribe the officer in rank above the officer in rank above the officer who has written confidential report to review such report. The appointing authority or any equivalent officer would be competent to approve the confidential reports or character rolls. This procedure would be fair and reasonable. The reports thus written would form the basis for consideration for promotion. The procedure presently adopted is clearly illegal, unfair and unjust". In U.P. Jal Nigam & Ors. vs. Prabhat Chandra Jain & Ors. [(1996)2 SCC 363 at 634 para 3], this court had held that while writing the confidential reports, if the official were to be downgraded from the previous reports, "as we view it, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... honestly and integrity so as to improve excellence of the individual officer, lest the officers get demoralised which would be deleterious to be efficacy and efficiency of public service. In that case it was pointed out that confidential reports written and submitted by the officer of the same cadre and adopted without any independent scrutiny and assessment by the committee was held to be illegal. In this case, the power exercised is illegal and it is not expected to from that high responsible officer who made the remarks. When an officer makes the remarks, he must eschew making vague remarks causing jeopardy to the service of the subordinate officer. He must bestow careful attention to collect all correct and truthful information and give necessary particulars when he seeks to make adverse remarks against the subordinate officer whose career prospect and service were in jeopardy. In this case, the controlling officer has not used due diligence in making remarks. It would be salutary that the controlling officer b before writing adverse remarks would give prior sufficient opportunity in writing by informing him of the deficiency he noticed for improvement. In spite of the opportun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses to higher levels and it becomes successful tool to manage the services with officers of integrity, honesty, efficiency and devotion. It is seen from the record that the respondent maintained constantly good record earlier to the adverse remarks made for the aforesaid period. It would appear that subsequently also he had good confidential reports on the basis of which the clouds over his conduct were cleared and he was given further promotion. Mr. Rakesh Dwivedi, learned Advocate General, in fairness, therefore, has stated that since the respondent has been regularised after the subsequent good reports, the dispute does not survive for adjudication on merits. But the counter comments made against him by the Secretary were warranted in view of the material on record. He brought to our notice that as on the date when the entries were made, the vigilance enquiry was pending against the respondent and, therefore, the adverse remarks came to be made. The findings recorded by the Tribunal of malice and arbitrariness on the part of Secretary as affirmed by the High Court are not warranted for two reasons. Firstly, since the Secretary was not conominee to the proceedings and had no opp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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