TITLE-In the matter of application under article 226 and 227 of the constitution of India.

 CASE NAME-Suchismita Das vs State Of Orissa & Others

 CITATION – W.P.C no.8231 (19.01.2018)

COURT- IN THE HIGH COURT OF ORISSA AT CUTTACK

BENCH-The Hon’ble Mr. JusticeB.K Nayak and The Hon’ble Dr Justice D.P Choudhury

BRIEF FACTS

1.The factual matrix leading to this writ petition is that the petitioner entered into service and joined as Munsif on 2.1.1985.

2. She got promoted to different cadres at different times such as to OJS Class-I (Junior), OJS Class-I, Chief Judicial Magistrate and then on 8.5.2009 she was promoted to the cadre of Orissa Superior Judicial Service and posted as Additional District & Sessions Judge, Jaipur. On 9.4.2010 she was absorbed as regular District Judge after facing the interview.

3.Subsequently after completion of successful probation she was confirmed and substantially appointed in the cadre of District and Sessions Judge with effect from 8.4.2012 in terms of Rule 33 (5) of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 (hereinafter called “the Rules, 2007”).

4. Be it stated that on 10.2.2014 as the luck of the petitioner would have it, she received letter showing her Annual Character Roll as ‘Poor’ for the years 2010 and 2011. She made representation vide Annexure-2 but that was rejected being not considered.

5.However, the petitioner was granted Selection Grade scale on 24.4.2015 and got Suppertime scale on 29.6.2016 under Rules, 2007.

6.Since she has been promoted from time to time and reached Super Time scale, any adverse entry in the CCR for the years 2010 and 2011 would cause a problem in the career of the petitioner in future for which the writ petition is filed to quash such entry in the CCR and the order of rejection of representation.

ISSUE:

Whether the petitioner is entitled for expunction of the adverse entries in the CCRs for the years 2010 and 2011?

SUBMISSION

 Mr. R.K. Rath, learned Senior Advocate for the petitioner submitted that the petitioner has been promoted time to time after entry into judicial service and finally she has already got the Super time scale as per Rule 5 of the Rules, 2007. The communication of the adverse entry for 2010 and 2011 was made after four years and 3 years respectively on 10.2.2014 which are based on no material.

Mr. Rath, learned Senior Advocate further submits that entries have no value when promotion and service benefits have been confirmed notwithstanding such entries. But the career throughout having been maintained with good service record, such late rating on performance should be quashed.

Mr. Rath, learned counsel for the petitioner further contended that the representation was made by the petitioner but it was rejected without any reasons.

 According to him, as per the decision reported in (2013) 9 SCC 566 (supra), the disposal of the representation should be done in a fair manner for which the rejection of the representation also suffers from infirmity. Learned counsel for the petitioner further submitted that there are no contemporaneous and simultaneous communications of any notice or intimation for the substantive remarks ultimately made in the CCR of the petitioner.

Mr. K.K. Mishra, learned Additional Government Advocate submitted without disputing the facts that the writ petition is not maintainable as in the instant case the adverse entry has been communicated to the petitioner because of the shortcomings in the outturn in the civil side.

PRAYER

In the writ petition, it has been prayed to quash the communication of the adverse entry for the years 2010 and 2011 vide Annexure-1 and order of rejection of the representation made by the petitioner and also prayer for upgrading the CCR of petitioner as outstanding for the year 2010 and 2011.

 In view of the aforesaid observation that the entry in the ACR 2010 and 2011 are liable to be expunged, the Court do so. Accordingly, we hereby direct the intimation vide Annexure-1 that the Character Roll of the petitioner in 2010 and 2011 as ‘Poor’ is also quashed.