Holding

The Home Secretary is not a valid reporting authority for the Inspector General of Police; only the Minister‑in‑Charge of the Police Department (or the Chief Minister as reviewing authority) may be empowered as such, and the Business Rules cannot override statutory provisions.

Summary

The case concerned whether the Home Secretary of Haryana could act as the reporting authority for the Inspector General of Police (IGP) under the All‑India Services (Confidential Rolls) Rules, 1970. The respondent, IGP P.C. Wadhwa, challenged a confidential report and adverse remarks prepared by the Home Secretary, which were communicated 27 months after the relevant financial year. The Supreme Court held that the reporting authority must be an officer immediately superior in rank to the service member; the IGP, being the head of the Police Department, has no superior within the police service, so only the Minister‑in‑Charge of the Police Department (or the Chief Minister as reviewing authority) can be empowered as reporting authority. The Business of Haryana Government (Allocation) Rules, 1974 cannot override the Police Act, 1861 or the Punjab Police Rules. Moreover, the Rules requiring that adverse remarks be communicated within seven months were breached, and such delay defeats the purpose of the remarks, though the appeal was dismissed on the primary ground of improper reporting authority. The appeal was therefore dismissed.

Issues considered

Whether the Home Secretary can be designated as the reporting authority for the Inspector General of Police under Rule 2(e) of the All‑India Services (Confidential Rolls) Rules, 1970.
Whether the Business of Haryana Government (Allocation) Rules, 1974 can override the provisions of the Police Act, 1861 and the Punjab Police Rules, 1934.
Whether the communication of adverse remarks after a delay of 27 months invalidates the remarks under Rules 5, 6, 6A and 7 of the Confidential Rolls Rules.

Legislation cited

All India Services Act, 1951s. 3
All India Services (Confidential Rolls) Rules, 1970s. 1(3), s. 2(a), s. 2(e), s. 2(f), s. 5, s. 6, s. 6A, s. 7
Business of Haryana Government (Allocation) Rules, 1974s. Rule 1, s. Rule 2, s. Rule 3, s. Rule 4, s. Rule 6B
Police Act, 1861s. 3, s. 4
Punjab Police Rules, 1934s. Rule 1.2

Subjects

Confidential reportReporting authorityInspector General of PolicePolice ActBusiness RulesDelay in adverse remarksAll India Services (Confidential Rolls) Rules

Judgment

A STA'(E OF HARYANA
v.
SHRI P.C. WADHWA, IPS INSPECTOR GENERAL OF
POLICE & ANR.
APRIL 16, 1987
B [O. CHINNAPPA REDDY AND MURARI MOHON DUTT, JJ.]

All India Services (Confidential Rolls) Rules 1970-Rules 1(3),
2(a), (e), (f), 5, 6, 6A and 7-Inspector General of Police-Confiden-
tial Reports-Reporting and Reviewing Authority-Minister-in-Charge
of Police Department and not Home Secretary-Chief Minister-
C Communication of adverse remarks within seven months.

Police Act, 1861-Sections 3 and 4--Punjab Police Rules, 1934--
Rule 1.2-Inspector General of Police-Head of Police Department-
Immediate superior to Inspector General of Police-Minister-in-Charge ).
of Police Department.
D
Business of Haryana Government (Allocation) Rules, 1974--
Rules 1-4, 6B-Home Secretary not head of Police Department-
Minister-in-Charge of Police Department Head of Department-
Confidential Report of Inspector General of Police-Chief Minister
reviewing authority and accepting authority-Whether Business Rules
E can override the provisions of Police Act, 1861 or any other statutory )...
rules.

Civil Service-Confidential Reports~'reporting' and 'reviewing'
authority-Who is-Inspector General of Police-Minister-in-Charge
-
of Police Department-Chief Minister-'Reporting', 'reviewing' and
f' 'accepting' authority-Adverse remarks-Object-to serve as advice for
improvement and not as punishment-Lost by inordinate delay In
communication-Necessity for communication-At the earliest. '
I
The respondent, a member of the Indian Police Service was the
Inspector General of Police, Haryana from Jnne 30, 1979 to Jnly 2~,
G 1980. The Home Secretary to the Government of Haryana made certain
adverse remarks against the respondent which after acceptance were
communicated to the respondent on May 4, 1982, abont two years and
three months after the close of the relevant period on March 31, 1980.

The respondent filed a writ petition challenging the authority .of
H the Home Secretary to write a confidential report assessing the per-
1030
HARYANA v. P.C. WADHWA 1031

{orrnance, character, conduct and qualities of the respondent as Ins- A
pector General of Police and for the quashing of such report or adverse
remarks, which was dismissed by a Single Judge of the High Court. The
respondent filed an appeal and the Division Bench set aside the judg-
ment of the Single Judge and allowed the writ petition holding that the
Horne Secretary had no authority to submit any report against the
performance of the respondent for the aforesaid period during which he B
was the Inspector General of Police, Haryana.

In the appeal by special leave by the State of Haryana it was
submitted that as the Police Department has been placed under the
Horne Department and the Horne Secretary being the head of the
Department, the Horne Secretary must necessarily be the Head of the C
Police Department under the Business of the Haryana Government
(Allocation) Rules, 1974. It was also stated that the provisions of Rules S,
6, 6A and 7 of the All India Services (Confidential Rolls) Rules 1970 are
directory and not mandatory.

It was urged by the respondent that the Business Rules framed D
under Article 166 cannot be relied upon for the purpose of interpreting
the provisions of clause (e) of Rule 2 of the Rules, and in view of the
delay in communication, the adverse remarks lost all importance and
should be struck down on that ground.

- Dismissing the appeal,

HELD: 1. A reporting authority must be a person to whom the
E

member of the Service is answerable for his performances. Such an
authority must be one superior in rank to the member of the Service
concerned. The State Government can specifically empower only such
authority as the reporting authority as is superior in rank to the Ins- F
pector General of Police. (I036H; I037A-B]

2.1 The Business Rules have been framed under clauses (2) and
(3) of Article 166 of the Constitution for the more convenient transac-
tion of the business of the Government of Haryana and for the alloca-
tion of business ;irnong the Ministers. ( I038E-FI G
-~
\
2.2 Under Rule 4 of the Business Rules, the Secretary of each
Department of the Secretariat is the head of the Department. Thns, the
Secretary of the Horne Department is the head of the Home Department
being a Department of the Secretariat, but merely because he has to
conduct the business, on behalf of the Government, of the Police H
1032 SUPREME COURT REPORTS (1987) 2 S.C.R.

.A Department, he does not thereby become the Head of the Police 'I(
Department. [1038F·Gl I

2.3 The Rules of Business that have been framed under Article 166
cannot override the provisions ofth_e Act, or any statutory rules.

B , . 3. In vie;.., of Section 3 and 4 of the Police Act read with Rule 1.2
to the Punjab Police Rules, the Inspector General of Police, Haryana is
the Head of the Police Department. The Immediate authority superior
to Inspector General of Police is the Minister-in-Charge of the Police
Department. The only authority who could be specifically empowered
·· · as the reporting authority in regard to the Inspector General of Police
C nnder clause (e) of Rule 2 of the All India Services (Confidential Rolls)
Rules is the Minister-in-Charge and the Chief Minister being superior
to the Minister-_in-Charge may be the reviewing authority under clause
(f) of Rule 2. [1039D-E)

4.t' Rules 5, 6, 6A and 7 of the All India Services (Confidential
D Rolls) Rules require that the whole process from the writing of the
confidential reports assessing the performance, character conduct and
qualities of every member of the service, to the communication of the
adverse remarks should be completed within a period of seven months.
In the instant 'case, the adverse remarks were communicated after 27
months. [1040F-G) ·
E \

4.2 The whole subject of the making and- communication of
adverse remarks is to give to the officer concerned an opportunity to
improve his performance, conduct or character, as the case may be,
"' --........ ,~ and this object would be lost if they are communicated to the officer
· . concerned after an inordinate delay•. Adverse remarks should not be
·. F' understood in terms of punishment, but really should be taken as an
advice to the officer concerned, so that he can act in accordance with
the advice and improve
--c-- .
bis service career. [1041A·BI

; 4.3 Rules 5, 6, 6A and 7 are directory and not mandatory, hut
: that does not mean that the directory provisions need not be complied
G with 'even substantially. But, where compliance after an Inordinate de·
_ lay 'would be against the spirit and object of the directory provision, \:---
.__,__.such compliance would not be sustantial compliance. [1041C·DI

I 4.4 ·while the provisions of Rules 5, 6, 6A and 7 require that
everything including the communication of the adverse remarks should

l ~-H~-b-e~co-m~p-le_t_e_d_w~it_h_in~a-p_e_r-io-d~o-f_s_e_v-en~m-o_n_t_bs~,-th_i_s_p_e_r-iod~-c-an_n_o_t_be~~~~
HARYANA v. P.C. WADHWA [DUTI, J.I 1033

stretched to twenty seven months, simply because these rules are A
directory, without serving any purpose consistent with the spirit and
objective of these Rules. [10410-E]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4395
of 1986.
B
From the Judgment and Order dated 10.8.1984 of the Punjab
and Haryana High Court in LP;A. No. 748 of 1983.

-f F.S. Nariman, S.S. Shroff and Mrs. P.S. Shroff for the
Appellant.

Respofl!leht in person.
c
R.K. Garg; ahd A. Saran for the Intervener.

The Judgment of the Court was delivered by
D
DUTT, J. This appeal by special leave has been preferred by the
State of Haryana against the judgment of the Division Bench of the
High Court of Punjab & Haryana whereby the Division Bench has set
aside the judgment of a learned Single Judge of the High Court dismis-
sing the writ petition of the respondent Shri P.C. Wadhwa, a member

-
~·
of the Indian Police Service. who was the Inspector General of Police, E
Haryana, from June 30, 1979 to July 25, 1980.

It appears that certain adverse remarks were made by the Home
Secretary to the Government of Haryana against Shri Wadhwa, the
Inspector General of Police for the said period. The adverse remarks
were duly accepted by the competent authority under the All-India F
Services (Confidential Rolls) Rules, 1970, hereinafter referred to as
~the Rules'. After such acceptance, the adverse remarks were com-
municated to Shri Wadhwa by the Home Secretary by his letter dated
May 4, 1982, about two years three months after the close of the
relevant period of March 31, 1980. The respondent did not make any
representation against the adverse remarks to the reviewing authority G
under the Rules. Instead, he chose to file a writ petition before the
Punjab & Haryana High Court challenging the authority of the Home
Secretary to write a confidential report assessing the performances,
character, conduct and qualities of the respondent as the Inspector
General of Police and prayed for the quashing of such report or
adverse remarks. H
. 1034 SUPREME COURT REPORTS [1987) 2 S.C.R.

A A learned Single Judge of the High Court took the view that as
the Home Secretary was specifically empowered by the State Govern· -,,.,
ment as the reporting authority under Rule 2(e) of the Rules, he had \
. the authority to write the report or to make adverse remarks against
the performances of the Inspector General of Police, Haryana. In that
view of the matter, the learned Single Judge dismissed the writ peti·
B tion. Being aggrieved by the judgment of the learned Single Judge, the
respondent filed an appeal against the same to the Division Bench of
the High Court and, as stated already, the Division Bench set aside the ' #
judgment of the learned Single Judge and allowed the writ petition '
holding inter alia, that the Home Secretary bad no authority to submit
any report against the performance of the respondent for the aforesaid
·c period during which be was the Inspector General of Police, Haryana. i
Hence this appeal by special leave by the State of Haryana.

The only point that is involved in this appeal is whether the State .
Government was justified in specifically empowering the Home Sec·
retary as the reporting authority for the purpose of writing a confiden-
D . tial report in respect of the Inspector General of Police. Section 3 of
the All-India Services Act, 1951 empowers the Central Government to
make rules for the regulation of recruitmect, and the conditions of
services of persons appointed to. an All-India Service. By virtue of
section 3; the Central Government framed the Rules. Under Rule
1(3), the Rules shall apply to the writing and the maintenance of the
E confidential reports on the members of the Service. Clauses (e), (f)
.and (a) of Rule 2 of the Rules are as follows:-

"2. Definitions-In these rules, unless the context other-
wise requires:-

F

\

(
G ( e) 'reporting authority' means the authority who was,
during the period for which the confidential report is
written, immediately superior to the member of the '
Service and such other authority as may be specifically :-.
empowered in this behalf by the Government;
H (f) 'reviewing authority' means the authority who was,
HARYANA v. P.C. WADHWA [DlTIT, J.J 1035

during the period for which the confidential report is A.
written, immediately superior to the reporting autho- .
rity and such other authority as may be specifically
empowered in this behalf by the Government;

(a) 'accepting authority' means the authority who was,
during the period for which the confidential report is B
written, immediately superior to the reviewing author-
ity and such other authority as may be specifically em-
powered in this behalf by the Government;"

In this connection, it may be pointed out that it is not disputed
that the conjunction 'and' occurring in clauses (e), (f) and (a) should
·be read as 'or'. Under clause (e), the 'reporting authority' may be C
·~- either immediately superior to the member of the Service or such other
authority as may be specifically empowered in this behalf by the Gov-
ernment. The expression 'immediately superior' obviously indicates
that the reporting authority should be the immediate superior officer
in the same Service to which the member of the Service belongs. The D
position is the' same as in the cases of 'reviewing authority and 'accept-
9

I'
ing authority'. So, under the first part of clause (e), the reporting

~
authority of the respondent could be a person who is immediately
superior to him in the Police Service. At this stage, it is necessary to
refer to sections 3 and 4 of the Police Act, 1861. Sections 3 and 4 are as
follows:- E
,.
"Section 3. The superintendence of the police throughout a
general police-district shall vest in and shall be exercised by
the State Government to which such district is subordinate;
and except as authorized under the provisions of this Act,
no person, officer, or Court shall be empowered by the F
. State Government to supersede, or control any police
· functionary.".
·.
· ·- "Section 4. The administration of the police throughout a
general police-district shall be ~ested in ari officer to be
styled the Inspector-General of Police, and in such Deputy G
Inspectors-General and Assistant Inspectors-General as to
' the State Government shall seem fit. ··

· The administration of the Police throughout the local
jurisdiction of the Magistrate of the district shall, under the
general control i:nd direction of such Magistrate, be vested H
1036 SUPREME COURT REPORTS [1987] 2 S.C.R.

in a District Superintendent and such Assistartt District
A
Superintendents as the State Government shall consider
necessary."

It is clear from sections 3 and 4 that the administration of the
police throughout a general police-district shall be vested in the ins-
B pector General of Police. The position and status of the Inspector
General of Police have been described in Rule 1.2 of the Punjab Police
Rules, 1934, Volume I. Rule 1.2 provides as follows:~

"Rule 1.2. The responslbiiily for the command of the
police force, its reeruitment, discipline, internal economy
and administration throughout the general police district
c vests in the Inspector"General <if Police. He is head of the
Police Department; and is responsible for its direction and
control and for advising the Provincial Government in all
matters connected with it. In the discharge of his duties as
Inspector-General ntui in the execution of order of
D Goverrurtel!t he is bound to act in conformity with the
system and regulations regarding the functions, discipline
and administration of the force contained, in the Police Act
(V of 1861) and in these rules. Orders of the Provincial
Government affecting the Police force, in whole or in part,
will be issued through him.
E
Inspector-General is assisted in the control and
administration of the Police force by such number of
Deputy Inspectors-General and Assistant Inspectors-
General as the Provincial. Government may from time to
time appoint."
F
Under Rule 1.2, the Inspector General of Police is the head of
the Police Department and is responsible for its direction and control
and for advising the Provincial Government in all matters connected
with it. Thus, the Inspector General of Police being the head of the
Police Department, thereis no immediately superior officer to him in
G the. Police Service. Consequently, the first part of clause (e) will not
hav.e any application to the respondent.

Now the question is ~hether the State Government can specifi-
cally empower any authority to be the reporting authority of the Ins-
pector Gene.ral of Police under the ·second part of clause (e). Apart
H from any legal provision, it is just and proper that a reporting authority
HARYANA v, P.C. WADHWA (DUTI, J.] 1037

must be a person to whom the member of the Service is answerable for
; A
-1 his performances. In other words, the reporting authority should be a
person higher in rank than the member of the Service. Indeed, that is
apparent from the first part of clause (e). It is true that under the
second part of clause (e), there is no indication as to the status and
position of the authority who may be specifically empowered by the
Government as the reporting authority, but from the point of view of B
propriety and reasonableness and having regard to the intention be-
~ hind the rule which is manifest, such an authority must be one superior
in rank to the member of the Service concerned. If that be not so,
-f there will be an apparent conflict between the first part and second
part of clause (e). We are, therefore of the view that the State Govern-
ment can specifically empower only such authority as the reporting
authority as is superior in rank to the Inspector General of Police.
c
\ It is, however, submitted by Mr. Nariman, learned Counsel
appearing on behalf of the State of Haryana, that the Home Secretary
is the head of the Police Department under the Business of the
Haryana Government (Allocation) Rules, 1974, hereinafter referred D
to as the Business Rules. The Business Rules have been framed by the
Haryana Government in exercise of the power conferred by clauses (2)
and (3) of Article 166 of the Constitution of India. Rules 1 to 4 of the
_j, Business Rules are as follows:-

"1. These rules may be called the Business of the Haryana E
' Government (Allocation) Rules, 1974.

t.. 2. The Business of the Government of the State of
Haryana shall be transacted in the Departments speci-
fied in the Schedule annexed to these rules and shall be
<>-~,) classified and distributed among those Departments as F
laid down therein.

3. The Governor shall, on the advice of the Chief Minister,
allot among the Ministers the business of the Govern-

_, ment by assigning one or more Departments to the
Charge of a Minister. G

Provided that nothing in this rule shall prevent the as-
signing of one Department to the charge of more than
one Minister.

4. Each Department of the Secretariat shall consist of the H
1038 SUPREME COURT REPORTS [1987] 2 S.C.R.

A Secretary to the Government, who shall be the official
head of that Department, and of such other officers and
servants subordinate to him as the State Government
may determine:

Provided that:-
B
(a) more than one Department may be placed in charge
of the same Secretary; a'nd
(b) the work of a Department may be divided between
two or more Secretaries."

C Rule 2 provides inter alia that the Business of the Government of
the State of Haryana shall be transacted in the Departments specified
in the Schedule. Under rule 4 each Department of the.Secretariat shall
consist of the Secretary to the Government, who shall be official head
of that Department. In the Schedule to the Business Rules, Item No.
D 17 under the Home Department inter a/ia relates to "Police, Railway
Police and P.A.P." Much reliance has been placed by the learned
Counsel for the State of Haryana on Rule 4 read with Item No. 17. It is
submitted by him that the Home Secretary being the head of the Home
Department and as the Police Department has been placed under the
Home Department, the Home Secretary must necessarily be the head
· E of the Police Department. We are unable to accept this contention.
The Business Rules have been framed under clauses (2) and (3) of
Article 166 of the Constitution for the more convenient transaction of
the business of the Government of Haryana and for the allocation of
business among the Ministers. Under Rule 4, the Secretary of each
Department of the Secretariat is the head of that Department. Thus,
F the Secretary of the Home Department is the head of the Home
Department being a Department of the Secretariat, but merely
because he has to conduct the business, on behalf of the Government,
of the Police Department, he does not thereby become the head of the
Police Department. Item No. 37 under the General Administration
Department in the Schedule relates to Judges of the High Court and
G officers of the Superior Judicial Service. The Chief Secretary of the
Government of Haryana is the head of the General Administration
Department by virtue of Rule 4 of the Business Rules. But that does
not mean that the Chief Secretary is also the head of the Administra-
tion relating to the Judges of the High Court and officers of the
Superior Judicial Service. Similarly, Item No. 21 of the General
H Administration Department relates to Council of Ministers and its
HARYANA v. P.C. WADHWA [OVIT, J.] 1039

Committees. Surely, the Chief Secretary has no authority whatsoever A
on the Council of Ministers and its Committees. There is, therefore,
no substance in the contention made on behalf of the appellant that as
Police, Railway Police and P.A.P. have been placed under the Home
Department, the Secretary of the Home Department is the head of the
Police Department by virtue of Rule 4 of the Business Rules. The
Rules of Business that have been framed under Article 166 cannot B
override the provisions of the Act or any statutory rules. Indeed, the
Business Rules also do not attempt to override Rule 1.2 of the Punjab
Police Rules, for it cannot. There is much substance in the contention
made by the respond.en! appearing in person and Mr. Garg, learned
Counsel appearing on behalf of the intervener, the IPS Officers'
Association, that the Business Rules framed under Article 166 cannot C
be relied upon for the purpose of interp.retating the provision of clause
(e) of Rule 2 of the Rules.

In view of sections 3 and 4 of the Police Act read with Rule 1.2 of
the Punjab Police Rules, the Inspector General of Police, Haryana, is
the head of the Police Department. The immediate authority superior D
to the Inspector General of Police is the Minister-in-Charge of the
Police Department. The only authority who could be specifically
empowered as the reporting authority in regard to the Inspector
General of Police under clause (e) of Rule 2 of the Rules is the

- Minister-in-Charge and the Chief Minister, being superior to the
Minister-in-Charge, may be the reviewing authority under clause (f) of E
Rule 2. In acting as the reporting authority the Minister-in-Charge
may be assisted by the Home Secretary, but the confidential report
relating to the performance of the Inspector General of Police has to

.
be written by the Minister-in-Charge. The Minister-in-Charge of the
Police Department is supposed to be aware of the performance of the
_) Inspector General of Police. As the Chief Minister is the reviewing F
authority, he will also act as the accepting authority on the basis of the
principle as laid down under Rule 6B of the Rules providing that
where the accepting authority writes or reviews the confidential report
of any member of the Service, it shall not be further necessary to
review or accept any such report. In other words, the Chief Minister
will act both as the reviewing authority and the accepting authority. G

In this connection, we may notice the statements made in the
writ petition filed by the respondent in the High court of Punjab &
Haryana. It has been stated in paragraph 14 that reports of the work
and conduct of the various Secretaries to the Government are written
and recorded by the Minister-in-Charge of the Departments concef'led H
·\
1040 SUPREME COURT REPORTS [1987] 2 S.C.R.

A and not even by the Chief Secretary so that the Minister-in Charge of
the Departments concerned are the 'immediate superior' authorities to
the Secretaries concerned within the meaning of Rule 2( e) of the
Rules. Further, it has been stated that before independence the report
on the work and conduct of the Inspector General of Police, Punjab,
was being recorded by the Minister-in-Charge of the Department and
8
such a position continued even after the independence till 1974 when
the Haryana State Government passed the order dated May 3, 1974 )..,
under clause (e) of Rule 2 of the Rules, inter alia, specifically empo- I

wering the Home Secretary as the reporting authority for wriiing out
the confidential reports in regard to the Inspector General of Police,
Haryana. The statements made in paragraph 14 have not been denied
C by the State of Haryana in its counter-affidavit filed in the High Court.
The Division Bench of the High Court was, therefore, perfectly
justified in quashing the confidential report written by the then Home j
Secretary on the work and conduct of the respondent Shri Wadhwa.

D Before we part with this appeal, we may dispose of another
contention of the respondent about the delay in communicating to him
the impugned adverse remarks. Under Rule 5 of the Rules, a confiden-
tial report assessing the performances, character, conduct and qua-
lities of every member of the service shall be written for each financial
year, or calendar year, as may be specified by the Government, ordi-
narily within two months of the close of the said year. Rule 6 provides
E that the confidential report shall be reviewed by the reviewing autho-
rity ordinarily within one month of its being written. Under Rule 6A,
the confidential report, after review, shall be accepted with such
modifications as may be considered necessary, and countersigned by ·.~
the accepting authority, ordinarily within one month of its review.
Thus, the whole process from the writing of the confidential report to
F the acceptance thereof has to be completed ordinarily within a
maximum period of four months. Further, under Rule 7 the adverse
remarks, if any, in a confidential report shall be communicated to the
officer concerned within three months of the receipt of the confidential
report. Thus, a total period of seven months has been laid down as the
maximum period within which adverse remarks, if any, has to be com-
0 municated to the officer concerned. It has been already noticed that
the adverse remarks were sent to· the respondent after two years three
months, that is, after twenty seven months of the close of the year. It is
submitted by the respondent that in view of the delayed communica-
tion, the adverse remarks lost all importance and should be struk down
H on that ground ..
HARYANA v. P.C. WADHWA (DUIT, J.( 1041

The whole object of the making and communication of adverse A
....I
I
remarks is to give to the officer concerned anopportunity to improve
his performance, conduct or character, as the case may. The adverse
remarks should not be understood in terms of punishment, but really it
should be taken as an advice to the officer concerned, so that he can
act in accordance with the advice and improve his service career. The
whole object of the making of adverse remarks would be lost if they B
are communicated to the off~er concerned after an inordinate delay.
In the instant case, it was communicated to the respondent after
twenty seven months. It is true that the provisions of Rules 5, 6, 6A
and 7 are directory and not mandatory, but that does not mean that the
directory provisions need not be complied with even substantially.
Such provisions may not be complied with strictly, and substantial c
compliance will be sufficient. But, where compliance after an inordi-
nate delay would be against the spirit and object of the directory provi-
sion, such compliance would not be substantial compliance. In the
instant case, while the provisions of Rules 5, 6, 6A and 7 require that
everything including the communication of the adverse remarks
D
should be completed within a period of seven months, this period
cannot be stretched to twenty seven months, simply because these
Rules are directory, without serving any purpose consistent with the
spirit and objectives of these Rules. We need not, however, dilate
upon the question any more and consider whether on the ground of
inordinate and unreasonable delay, ·the adverse remarks against the
respondent should be struck down or not, and suffice it to say that we E
do not approve of the inordinate delay made in communicating the
adverse remarks to the respondent.

For the reasons aforesaid, this appeal is dismissed. There will,
however, be no order as to costs.
F
N.P.V. Appeal dismissed.