Adverse service remarks cannot stand when delayed communication and unsupported assessment violate governing instructions and fairness.

Adverse service remarks in an annual confidential report were held unsustainable where they were communicated after the prescribed time, the employee's representation was decided beyond the stipulated period, and the communication disclosed only the adverse portions without the accompanying favourable remarks. The record also did not disclose any material basis for the adverse assessment, despite the reporting file indicating the employee's work output. On that footing, the adverse entries were liable to be expunged and the rejection of the representation was liable to be quashed.

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Issues: Whether the adverse entries in the applicant's annual confidential report were liable to be expunged and the order rejecting his representation was liable to be quashed for non-compliance with the governing instructions and for want of supporting material.

Analysis: The adverse entries were communicated much later than the prescribed time, and the representation against them was also disposed of beyond the stipulated period. The communication disclosed only the adverse portions and omitted the accompanying favourable remarks. The record also did not disclose any material basis for the adverse assessment before the applicant or the Tribunal, even though the reporting file itself showed that the applicant's work output had been noted. In these circumstances, the adverse remarks could not be sustained.

Conclusion: The adverse entries were liable to be expunged and the rejection order was liable to be quashed, in favour of the appellant.

Ratio Decidendi: Adverse service remarks must be communicated and disposed of in accordance with the applicable instructions, and where they are unsupported by disclosed material, they cannot be sustained.

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