Law:

Section:

Civil Service- Adverse remarks - Judicial Officers-Civil Judge in 7th year of service given remarks by Chief Justice as countersigning authority- "This Officer has all along had bad reputation-Even now a District Judge states that he is clever, resourceful and fit for diplomatic job-rate him an average Officer - He should be careful"-Reported in very first year of service as "an officer of average integrity"-Reported in second year of service "Integrity below average, indiscreet, tactless and of doubtful integrity"-Similar remarks repeated in third year of Service leading to departmental enquiry for disciplinary action - Departmental enquiry dropped for want of sufficient evidence and no further action taken but adverse remarks remained on record and not expunged­ Earning just average remarks in fourth, fifth and sixth year of service-Remarks by Chief Justice for 7th year of service impugned and sought to be expunged before service Tribunal - Plea that Chief Justice should have rated objectively on basis of facts and figures and a casual remark of bad reputation should not have been made basis for spoiling career of a Judicial Officer-Plea rejected-Held: There was, in circumstances, sufficient basis for impugned remarks that appellant had all along a bad reputation­ Further held : Superior Officers like District Judge and Chief justice are the only Officers who can accurately assess work and conduct of subordinate Judge serving under them-Basis for their opinion can be very extensive depending upon their own observa­tion, general reputation and such other material which may have been brought to their notice and such material does not generally form part of record-Opinion is formed by Superior Officers on basis of conglomeration of events too minute to be noticed indivi­dually and recorded separately-Total impact of such events, however, brings into focus a clear image of the person before them - Superior Officers cannot, therefore, be asked to produce material forming basis of their opinion nor should there be any curb on them in expressing themselves freely while recording their opinion concerning their subordinates-If aggrieved sub-ordinate ­feels that…

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