S.T. RAMESH versus STATE OF KARNATAKA AND ANR .

S.T. RAMESH versus STATE OF KARNATAKA AND ANR .

Adverse remarks for a brief period contradicted the officer's consistently outstanding record; remarks were not justified and should be expunged; grading as 'average' for the period was improper; intemperate language by the officer should not negate otherwise unblemished career; authorities are directed not to treat appellant's performance for the period as average.

Parties
Appellant: S.T. Ramesh; Respondent: State of Karnataka; Respondent: C. Dinakar
Jurisdiction
India
Judgment Date
20 February 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From Order of the Central Administrative Tribunal and High Court
Outcome
Appeal allowed
Legal Topics
Annual Confidential Report, Adverse Remarks, Expunging of Adverse Remarks, All India Services (confidential Rolls) Rules, 1970
Service Law Annual Confidential Report Adverse Remarks Expunging of Adverse Remarks All India Services (confidential Rolls) Rules, 1970

Case Brief

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Parties

S.T. Ramesh

Appellant

State of Karnataka

Respondent

C. Dinakar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Order of the Central Administrative Tribunal and High Court

Legal Issues

  1. 1 Whether adverse remarks in the Annual Confidential Report for a short period were justified and liable to be expunged
  2. 2 Whether the authorities erred in grading the officer as 'average' despite consistently outstanding performance
  3. 3 Whether intemperate language in the officer's representation affected the outcome

Ratio Decidendi

Adverse remarks for a brief period contradicted the officer's consistently outstanding record; remarks were not justified and should be expunged; grading as 'average' for the period was improper; intemperate language by the officer should not negate otherwise unblemished career; authorities are directed not to treat appellant's performance for the period as average.

Court Disposition

Appeal allowed

Orders

  • Order of Tribunal and High Court set aside
  • Authorities directed not to treat appellant's performance during period in question as average