2025:UHC:5821-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/52/2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Chetan Joshi, Advocate for the petitioner, through Video Conferencing. 2. Mr. S.K. Nailwal, Standing Counsel for the State of Uttarakhand. 3. Petitioner was serving as Senior Administrative Officer in Irrigation Division, Kashipur at the time of filing of the writ petition and he retired from service in the month of February, 2016. By means of this writ petition, he has sought the following reliefs:- “A. Writ, order in the nature of Certiorari calling for the records of the case and quashing the order dated 2-1-2016 (Annexure 19) and adverse entry awarded to the petitioner for the year 2014- 2015 communicated to the petitioner vide letter dated 24.07.2015 (Annexure 1) B. writ, order or direction in the nature of Mandamus directing the respondents to consider the case of the Petitioner for promotion to the post of Chief Administrative Officer from the date juniors to the petitioner have been promoted.” 4. Petitioner has challenged adverse entry recorded against him by the Executive Engineer, namely Mr. Ram Sakal Arya, Executive Engineer. According to the petitioner, the concerned officer was nursing a grudge against him and due to ill will, the adverse entry was recorded. Petitioner made a representation 2025:UHC:5821-DB against the adverse entry, which was rejected by the Superintending Engineer, vide order dated 02.01.2016. 5. In the adverse entry there were certain remarks against the petitioner. The Superintending Engineer considered the issues raised by the petitioner in his representation and passed detailed order upholding the adverse entry given to him. 6. Learned counsel for the petitioner submitted that Mr. Ram Sakal Arya filed a caveat before this Court after giving adverse entry, which indicates that he was acting with malice against petitioner. He further submitted that thereafter Mr. Ram Sakal Arya also issued a notice for defamation to the petitioner, which also proves that he was not acting bonafide and there was element of malice in the assessment made by him, which is reflected in the annual confidential roll for reporting year 2014-2015. 7. Learned State Counsel, per contra submits that except making a bald allegation of malice against the then Executive Engineer, petitioner has not been able to substantiate the said allegation. He submits that it is very easy to allege malice, but very difficult to prove such allegation. He submits that petitioner has not been able to bring any evidence on record to 2025:UHC:5821-DB show that the Executive Engineer gave the adverse entry because of malice. He further submits that the Superintending Engineer has given valid reasons for rejecting the representation made by the petitioner, therefore, there is no scope for interference in the matter. 8. We find substance in the submission made by learned State Counsel. Entries in the annual confidential roll are made by the Reporting Officer based on his/her assessment. There is element of subjectivity involved in that assessment, however, in the absence of any material to substantiate that because of ill will or malice, a wrong assessment was made, there is no scope for interference. Moreover, the Superintending Engineer, to whom representation was made, has considered all relevant aspects and also the issues highlighted by the petitioner. Petitioner’s representation was rejected by a reasoned order. We, therefore, do not find any scope for interference in the matter. 9. The writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 07.07.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.11 10:03:00 +05'30'