UNION OF INDIA Vs. DHUM SINGH

JUDGEMENT

(1.) CM 1432/2012(exemption)

(2.) Accordingly, the matter had been considered by the Screening Committee but the petitioners' case was not accepted inasmuch as the requisite benchmark grading for the said scale being five overall gradings of "Very Good" had not been attained by the respondent No. 1.

(3.) The only point of contention before the Tribunal and before us is whether the non-attainment of the benchmark could be held against the respondent No. 1 in view of the fact that the relevant ACRs had not been communicated to him. Even before the Tribunal, the respondent No. 1 had contended that the said remarks in the ACRs have never been communicated to him. It is noted in the impugned order that though the learned counsel for the petitioners herein made an oral submission to the contrary, there was no supporting averment in the counter-affidavit or any documentary proof of the ACRs having been communicated to the respondent No. 1 prior to his retirement. It is in the absence of communication of the said ACRs that the Tribunal came to the conclusion that the same could not be relied upon to deny the benefits of the ACP Scheme to the respondent No. 1. The exact words used by the Tribunal are as under: