LAWS(DLH)-2020-2-104

UNION OF INDIA Vs. SUDHIR CHOPRA

Decided On February 20, 2020
Union Of India And Anr Appellant
V/S
SUDHIR CHOPRA AND ORS Respondents

JUDGEMENT

(1.) These are two petitions challenging two different orders of the Central Administrative Tribunal, Principal Bench, New Delhi ("CAT") but arising out of the same set of facts. Accordingly, they are being disposed of by this common judgment.

(2.) W.P.(C) 7279/2016 by the Union of India through the Ministry of Defence ("MoD") and the Director General, Defence Estates ("DGDE"), is directed against an order dated 25th August, 2015 passed by the CAT allowing the OA No. 2808/2012 filed by Respondent No. 1, Mr. Sudhir Chopra, as well as the order dated 17th March, 2016 of the CAT, allowing Mr. Chopra's RA No. 52/2016. W.P.(C) 10815/2016 by the same Petitioners is directed against an order dated 27th October, 2015 passed by the CAT, allowing Mr. Chopra's OA No. 1897/2013.

(3.) By the first impugned order dated 25th August, 2015 in OA No. 2808/2012, the CAT quashed the communications dated 29th February, 2012 of the Petitioners whereby decisions dated 28th February, 2012 of the Competent Authority ("CA") rejecting Mr. Chopra's representations against the adverse remarks and below benchmark grading in the Annual Confidential Rolls ("ACRs") for the years 2000-"01 till 2005-"06 were communicated. The CAT directed the Petitioners to convene Review Departmental Promotion Committees ("Review DPCs") to consider the case of Mr. Chopra for promotion to Senior Administrative Grade ("SAG") and Higher Administrative Grade ("HAG") on par with his immediate juniors with all consequential benefits following therefrom. By the second impugned order dated 17th March, 2006, the CAT by consent allowed RA 52/2016 filed by Mr. Chopra and quashed the decisions of the CA communicated on 4th August, 2011 and 17th August, 2011 on the representations of Mr. Chopra against the adverse remarks and below benchmark grading in his ACRs for 2006-"07 and 2007-"08.