UNION OF INDIA Vs. G.R. MEGHWAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur in DBCWP No. 740 of 2016 by which the High Court has dismissed the said writ petition preferred by the appellants and has confirmed the judgment and order passed by the learned Tribunal allowing the O.A. No. 430 of 2011 by directing the Department to call for a review meeting of the Screening Committee to re-assess his suitability for the purpose of grant of SAG and while doing so to exclude the ACR of 2007-2008, n of India and others have preferred the present appeal.

(2.) The facts leading to the present appeal in a nutshell are as under:-

(3.) Ms. Madhavi Divan, learned ASG has vehemently submitted that in the present case before the DPC met, an opportunity was given to the respondent to make his representation against the below benchmark ACR of the year 2007-2008. It is submitted that the same was in accordance with the O.Ms, dtd. 14/5/2009 and 13/4/2010, which were issued after considering the decision of this Court in the case of Dev Dutt Vs. Union of India and Ors., (2008) 8 SCC 725. It is contended that the High Court as well as the learned Tribunal have erred in directing to ignore the below benchmark ACR for the year 2007-2008 mainly and solely on the ground that prior to writing the below benchmark ACR, no opportunity was given to the respondent officer. It is submitted that the aforesaid view has been taken relying upon the decisions of this Court in the case of Dev Dutt (supra); Abhijit Ghosh Dastidar Vs. Union of India and Ors., (2009) 16 SCC 146 (in this case view taken in Dev Dutt (supra) was approved by this Court) and the decision of this Court in the case of Sukhdev Singh Vs. Union of India and Ors., (2013) 9 SCC 573.