VIGILANCE MANUAL VOLUME III - AP Online

444 DECISION - 186
the rule is to weed out the dead wood in order to maintain a high
standard of efficiency and initiative in the State Services.
The Supreme Court held that Courts cannot delve deep into
the confidential and secret records of the Government to fish out
materials to prove that the order is arbitrary or mala fide. The Court
has, however, the undoubted power, subject to any privileges or claim
that may be made by the State, to send for the relevant confidential
personal file of the Government servant and peruse it for its own
satisfaction without using it as evidence.
The Supreme Court observed that it is not every adverse
entry or remark that has to be communicated to the officer concerned.
The superior officer may make certain remarks while assessing the
work and conduct based on his personal supervision or contact. Some
of these remarks may be purely innocuous, or may be connected
with general reputation of honesty or integrity that a particular officer
enjoys. It will indeed be difficult, if not impossible, to prove by positive
evidence that a particular officer is dishonest but those who have
had the opportunity to watch the performance of the said officer in
close quarters are in a position to know the nature and character not
only of his performance but also of the reputation that he enjoys.
The Supreme Court held that the confidential reports can certainly
be considered by the appointing authority in passing the order of
retirement even if they are not communicated to the officer concerned.
The Supreme Court also held that all that is necessary is
that the Government should before passing an order of compulsory
retirement consider the report of the Review Committee which is
based on full and complete analysis of the history of the service of
the employee concerned and that the decision of the Review
Committee is not binding on the Government.
The Supreme Court set aside the order of the High Court
and restored the impugned order retiring the respondent from service.