UNION OF INDIA Vs. CHITRA SRINIVASAN IRS

JUDGEMENT

(1.) THE petitioner, Union of India through its Secretary, Ministry of Finance, Department of Revenue, has challenged the order dated 31.05.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 606/2010 titled as Chitra Srinivasan IRS vs. Union of India and Ors., whereby the petitioner was directed to ignore the un-communicated ACRs of the years 2002-2003 (if considered by the DPC), 2003-2004 and 2004-2005. THE petitioners were also directed to hold the review DPC to consider the respondent No. 1 for promotion by considering the ACRs of the preceding years as provided in the O.M. No. 22011/7/98-Estt.(D) dated 6.10.2000 read with O.M. No. 22011/5/66-Estt.(D) dated 20.06.1986 of the DoPT.

(2.) THE petitioner has challenged the order on the ground that the order passed by the Tribunal impugned by the petitioner is contrary to the decision of a Division Bench of this Court passed in W.P.(C) No. 6013/2010 titled as Union of India vs. Krishna Mohan Dixit decided on 8.10.2010 which has been followed by other benches also.

(3.) COUNSEL for the respondent No. 1, however, states that as a matter of fact, the said communication of the adverse ACRs as also due consideration of the respondent's representation thereon have all occurred much before 16.12.2010. Learned counsel for the respondent No. 1, on instructions, has also stated that against the grading in the said ACRs, representations were made by the respondent No. 1 and on consideration of same, the grading of the respondent No. 1 was upgraded.