A. K. YOG, J. AND DILIP GUPTA, J. ( 1 ) This Writ Petition has been filed for expunging the adverse annual remark for the year 2002-2003 communicated to the petitioner by the letter dated 5th December, 2003 in respect of his posting as Civil Judge, (Junior division), Nazibabad, Bijnor. ( 2 ) THE said letter sent by the High Court to the District Judge, Bijnor reads as follows:- "i am directed to request you kindly to communicate to Sri Mohan Lal vishwakarma, Civil Judge (Jr. Division), Nazibabad, Bijnor for his information and future guidance that the following remarks have been made by the court about his work and conduct for the year 2002-2003:- "the District Judge found his work satisfactory. From 1. 4. 2002 to 31. 2. 2003 his actual workingdays were 146. 36. . as against it he has given an out turn of 2007. 65 days which comes to 201. 96% THUS, the out turn given by the officer is above standard. However, there have been several complaints against his integrity on my visits to Bijnor a large number of lawyers met me from outlaying court, Nazibabad and even the District Judge told me that the officer does not carry good reputation to honest working. There were also complaints that after the court work, this officer sits at various shops in the market. Thus, his public image is not good. I have directed the District Judge to make enquiry into the allegations made against the officer and the enquiry report is still awaited. Therefore, in the absence of any concrete evidence regarding his integrity, the integrity of the officer is certified reluctantly. " ( 3 ) THE petitioner made a representation dated 17th February, 2004 to the High court against the aforesaid remark. This representation was rejected by the High Court and the petitioner was intimated of this fact by the communication dated 14th October, 2004. ( 4 ) SRI Ramendra Asthana, learned counsel appearing for the petitioner submitted that a perusal of the communication dated 5th December, 2003 shows that the Administrative Judge had directed the District Judge, bijnor to make an enquiry into the allegations against the petitioner and the Enquiry Report was awaited but in fact no enquiry whatsoever was conducted and, therefore, the adverse remarks made against the petitioner deserve to be set aside. ( 5 ) WE have examined the original records produced by Sri Amit Sthalekar, learned counsel for the respondents and find that no enquiry was conducted and on the other hand it was ordered that no action was required to be taken as the officer was transferred from Nazibabad. It was also ordered that the District Judge, Bijnor shall keep a strict watch on the work, conduct and integrity of the petitioner and submit a quarterly report to the Court. The quarterly reports dated 6th April, 2004, 10th November, 2004, 13th January, 2005 and 6th April, 2005 are on record and a perusal of the same clearly shows that no complaint regarding the work, conduct and integrity of the petitioner was received either orally or in writing. From the aforesaid it is more than apparent that no enquiry was conducted against the petitioner even though there is a specific mention of it in the letter dated 5th December, 2003. It was also ordered that no action be taken as the petitioner had been transferred from Nazibabad. The adverse remark in ACR/service record of the petitioner has been made without enquiry as directed by the then Administrative Judge. It cannot, therefore, be sustained and liable to be quashed being without basis or foundation. ( 6 ) THE Writ Petition, therefore, succeeds and is allowed. The adverse remark for the year 2002-2003 communicated to the petitioner by the aforesaid communication dated 5th December, 2003 as well as any consequential action/orders, if any, are set aside. No order as to costs. .