9911796707
TMI Blog2000 (8) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... ty mamlatdar) and on 1-6-1980, he was promoted as a mamlatdar and was posted as rojgar project officer at Dhrol, and thereafter as R.R.T., Jamnagar. He served upto 5-10-1981. From 6-10-1981 to 21-7-1986, he worked as Mamlatdar at Ranavav, Junagadh District and in July, again, he was posted as R.R.T., Collector Office, Amreli. According to the petitioner, next promotion is to the post of deputy collector and he was eligible and was entitled to be promoted to the post of deputy collector in October, 1986. However, he was not promoted to the said post and other persons junior to him were promoted to the said post. The petitioner was required to cross the Efficiency Bar on 1st June, 1985, but he was not allowed to cross the Efficiency Bar and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after, show cause notice dated 24-9-1986 was issued by the authority to the petitioner wherein it has been mentioned that the petitioner is not entitled to cross the Efficiency Bar from 1st June, 1985 and explanation was invited from the petitioner by the authority. The reply was submitted by the petitioner on 12th October, 1986, and thereafter, two representations were made by the petitioner annexure E and F to the petition page 35 and 37 in detail, and thereafter, the petitioner had made representation dated 15-10-1986 for promotion to the post of deputy collector. It is the case of the petitioner that his representation has not been considered by the authority in its proper perspective. 5. Learned Advocate Mr. Parikh has sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice during the previous three years so as to satisfy itself that the person's service has been reasonably satisfactory and not below the average or poor. The person satisfying the above criteria should be allowed to cross the Efficiency Bar, If the services in the scale of pay is less than three years, then the available annual confidential reports of the year should be taken into account. He has submitted that vide said resolution, it was decided by the government that this criteria for allowing the Government servant to cross the Efficiency Bar should come into force with effect from 1st January, 1974 and should be made applicable to all cases in which the Efficiency Bar accruing on or after 1st January, 1972. According to him, past ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of crossing Efficiency Bar and therefore, it is clear that past three years annual reports have not been taken into consideration, and therefore, the action is not in consonance with the provisions of the resolution dated 20-1-1972. In show cause notice dated 24-9-1986, the adverse entry in the confidential report has been considered against the petitioner and oh that basis, it was decided not to allow the petitioner to cross the Efficiency Bar considering adverse report for the period of one year alone as aforesaid. In view of this, Mr. Parikh has submitted that before passing the orders against the petitioner not to allow him to cross the Efficiency Bar, three years service record was not taken into consideration by the authority, and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve. In 7992 (1) GLH 209, it has been observed by this Court that the adverse remarks and the adverse entries in the petitioner's confidential report for the period between 13-10-1986 and 31-3-1987 were communicated to the petitioner after about thirteen months. The Government circulars issued from time to time provided that the adverse remarks should be communicated within six weeks and also that the aggrieved employee should make representation within six weeks from the date of communication of such adverse remarks. In view of grossly belated communication of the adverse remarks, the authority was directed to ignore those adverse entries. The learned single Judge of this Court has relied upon the decision of the Apex Court in case of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 24-9-1986 are hereby quashed and set aside and the respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Collector by ignoring the said adverse remarks for the aforesaid period from 1st April, 1984 to 31st March, 1985 and it is also declared that the petitioner is entitled to normal increment from 1st June, 1985 till the date of his retirement. The respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Collector by ignoring his adverse entries as aforesaid as expeditiously as possible, preferably within two months from the date of receipt of certified copy of this order. The respondents are further directed to release normal and regular increments ..... X X X X Extracts X X X X X X X X Extracts X X X X
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