'Adverse Entry In Record Of Govt Employee Not Penalty, Does Not Require Issuing Showcause Notice': Uttarakhand High Court
The Uttarakhand High Court has held that an adverse entry or special adverse entry recorded against a government servant is not a penalty under the Government Servant (Discipline and Appeal) Rules and therefore does not require issuance of a show cause notice before being recorded. The Court observed that an adverse entry is based on an assessment of the work and conduct of a government...
The Uttarakhand High Court has held that an adverse entry or special adverse entry recorded against a government servant is not a penalty under the Government Servant (Discipline and Appeal) Rules and therefore does not require issuance of a show cause notice before being recorded. The Court observed that an adverse entry is based on an assessment of the work and conduct of a government servant, and the requirement of prior notice cannot be read into the rules.
Justice Manoj Kumar Tiwari was hearing a writ petition filed by a Senior Assistant serving at the Primary Health Centre, Nainital, challenging a Special Adverse Entry recorded against him by the Director General by order dated 4 August 2021. The petitioner had made a representation against the Special Adverse Entry, which was rejected, following which he approached the High Court.
The petitioner contended that the Special Adverse Entry was recorded for work which had not been assigned to him and was in fact the responsibility of another employee. It was further contended that while the Medical Officer concerned was not subjected to any adverse entry, the petitioner alone had been singled out. The petitioner also argued that no show-cause notice had been issued before recording the Special Adverse Entry.
The State opposed the petition, contending that the petitioner's work and performance were found to be deficient. It was submitted that the petitioner had been grossly negligent in the discharge of his duties, resulting in a delay in payment of retirement dues to an employee of the Medical Department, compelling the concerned employee to approach the Human Rights Commission. The State further submitted that the petitioner failed to cooperate with the audit team, due to which expenditure of Rs. 219.85 lakhs incurred under various schemes at the Primary Health Centre could not be certified.
The Court found substance in the submissions made on behalf of the State. It observed that an adverse entry or special adverse entry is not a punishment under the Government Servant (Discipline and Appeal) Rules, but is based on the assessment of the work and conduct of the government servant concerned. The Court therefore held that the requirement of issuing a show cause notice before recording such an entry cannot be added.
“Adverse Entry or Special Adverse Entry is not a penalty under Government Servant (Discipline and Appeal) Rules, as it is based on assessment of work and conduct of a Government Servant, therefore, the requirement of giving show cause notice cannot be added,” the Court observed.
The Court further observed that although there is an element of subjectivity in recording adverse entries, that by itself would not justify interference unless it is demonstrated that there was no material available on record for awarding the adverse entry.
Holding that no ground for interference was made out, the Court dismissed the writ petition.
Case Title: Kamal Kumar Tiwari v. State of Uttarakhand & Ors. [WPSS No. 2181 of 2023]