UNION OF INDIA Vs. B P SINHA

JUDGEMENT

(1.) The short point involved in this petition is as to whether "the review D.P.C. was justified in downgrading the ACR of the respondent for the year 1999-2000,i.e., from rating the respondent from 'very good' to 'good'."

(2.) The Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal) while disposing of the O.A. No.640/2009 filed by the respondent aggrieved from the decision of the Review DPC, has been allowed in favour of the respondent No.1(hereinafter referred to as the respondent) by holding that as per the office memorandum dated 10.04.1989 the remarks of the later authority, i.e., reviewing or the accepting authority to whom the comments of the reporting officer are placed for consideration are final.

(3.) Briefly stating the facts of this case are: a) DPC for filling up four posts of Controller of Mines (COM) pertaining to vacancy, year 2005-2006, was held on 17.01.2007. Respondent No.1, Sh. B.P. Sinha, Regional Controller of Mines (RCOM), along with other eligible officers was considered for promotion to the said post. There were certain adverse remarks in the ACR of the respondent for the period from 01.07.2002 to 31.03.2003, which were though expunged vide order dated 17.02.2006, remained unexpunged in his original ACR Dossier sent with proposal for DPC. As the DPC dated 17.01.2007 did not recommend the respondent for his promotion to the post of Controller of Mines (COM), he filed O.A. No.66/2007 before the Tribunal (Patna Bench). By order dated 28.03.2008, the Tribunal directed for holding of review DPC to consider the respondent for his promotion on the basis of complete ACR, ignoring the adverse entry in the ACR for the period 01.07.2002 to 31.03.2003. Accordingly, a review DPC was held on 03.10.2008, in compliance of the aforesaid order of the Tribunal. However, the DPC assessed the respondent as unfit for promotion to the post of COM.