UOI Vs. S S BANSAL

JUDGEMENT

(1.) Vide impugned order dated 15.12.2008, allowing OA No.1326/2007, noting that the benchmark for promotion was 3 ,,Very Good and the remainder ,,Good in the preceding 5 years ACRs and that the gradings awarded were below benchmark, noting the decision of the Supreme Court reported as Dev Dutt vs. Union of India, 208 (7) SCALE 403, directions have been issued by the Tribunal that below benchmark ACR gradings be conveyed to the respondent who would be at liberty to represent against the same and the Competent Authority would decide the representation and if the ACR gradings are enhanced, Review Screening Committee would be convened.

(2.) Relevant facts are that the respondent joined service as an Assistant Engineer in the year 1968 and earned promotion to the post of Executive Engineer in the year 1980. His claim for second up-gradation under the ACP scheme matured in the year 1999. The Screening Committee considered the ACRs of the respondent for the preceding 5 years and found him unfit for the reason prescribed benchmark was 3 ,,Very Good which was not achieved. The Screening Committee had met on 25.2.2000.

(3.) It may be noted that by the time the Screening Committee met two disciplinary proceedings were pending against the respondent; one of which resulted in a penalty of sever displeasure being inflicted upon the respondent vide order dated 25.2.2000 and the other being dropped vide order dated 16.1.2003. In the meanwhile, the respondent superannuated from service on 31.7.2000.