Adverse entries in Annual Confidential Reports – Central Excise Officer loses in Supreme Court – Chief Commissioner is a very senior officer.
Anil Mishra was a Central Excise Deputy Commissioner, who had some adverse entries in his Annual Confidential report for the year 2000-01. His appeals to the Chief Commissioner and the Government were rejected and so were his appeals in the CAT and High Court. He was not successful in the Supreme Court either.
The Supreme Court observed, “three senior officers have considered the appellant's case and rejected the same. We cannot sit as an appellate authority over these orders. The scope of judicial review of administrative orders is limited”
The officer's record was good prior to and after the period 2000-01 was good, but the Supreme Court declined to consider this issue as this was not raised either before the CAT or the High Court.
The Supreme Court further observed, “The Chief Commissioner and the Central Government are very high authorities and they have considered the representations of the appellant. No bias has been attributed to the Chief Commissioner or to the Central Government.” and dismissed the officer's appeal.
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