LAWS(DLH)-2012-3-282

NAVIN KUMAR GARG Vs. UNION OF INDIA

Decided On March 16, 2012
NAVIN KUMAR GARG Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 01.02.2012 passed in OA 292/2012 by Central Administrative Tribunal, Principal Bench, New Delhi.

(2.) INITIALLY, the petitioner had filed an Original Application being OA 1233/2011 assailing the confidential reports for the periods ? 25.04.2005 to 06.09.2005, 07.08.2005 to 31.03.2006 and for the year 2006- 2007. At that point of time, the petitioner before the Tribunal had urged that the ACRs of the petitioner contained gradings which were below the prescribed benchmark of `very good' for promotion to the higher grade and that the gradings had not been communicated to him.

(3.) WE note from the speaking order that the competent authority was of the view that the issues raised by the petitioner did not merit consideration inasmuch as the he was a senior officer in the Junior Administrative Grade (in the scale of a Director) and he himself was in a leadership position and was required to lead a group of officers and should not have been dependent on seniors for setting targets. As regards the ground that he was neither warned nor counselled, it was also felt that this cannot be used as a justification for upgradation of the ACRs. It was also noted that the CPWD had been executing works in border areas for several years and the representation, on the ground that the petitioner was working in a hostile environment, according to the competent authority, was made obviously to garner sympathy and had no merit in it. The competent authority, thereafter, made a period-wise assessment and observations in that regard are as under:-