VIJAY KANT PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against a judgment and order dated 20.05.1999 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ( hereinafter referred to as 'the Tribunal ) in O.A. No. 1911 of 1998 whereby and whereunder the application filed by the petitioner was AT all material times, the petitioner was serving as an Assistant Director (Technical)' in the Intelligence Bureau. He filed the original application questioning his Annual Confidential Report ( in short, 'ACR' ) for the period April, 199 5/03/1996, which is to the following terms :-

(2.) These remarks are communicated to enable you to overcome he shortcoming in future. It is hoped that you will take these remarks in the right spirit and show improvement in your performance. If you wish to make any representation in this regard, the same may be addressed to the competent authority through proper channel within one month from the receipt of this memo. Two spare copies of this memo are enclosed. These copies may please be returned after acknowledging the receipt of this memo thereon.

(3.) It may be noted that as per Government instructions on the subject, only one representation against adverse remarks is allowed withi one month from the date of communication of such remarks and no memorial or appeal against rejection of the representation is allowed six months after rejection. It has also been clarified by the DP&T vide their U.O. note no. 2021/91(5) that no appeal against rejection of a representation by the competent authority lies to an authority within the department.