LAWS(DLH)-2013-4-526

PALA SINGH TANCK Vs. UNION OF INDIA

Decided On April 03, 2013
Pala Singh Tanck Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Impugned decision dated March 29, 2011 has dismissed O.A.No.1111/2011 in limine.

(2.) Since we are remanding the matter to the Central Administrative Tribunal for fresh adjudication requiring record to be produced and considered by the Tribunal we do not reflect upon the merits of the controversy; but would be obliged to record our reasons for remanding the matter to the Tribunal.

(3.) Petitioner Pala Singh Tanck had an issue pertaining to his ACR grading for the period 01.08.2006 to 31.03.2007 and 01.04.2007 to 13.8.2007. He was grated 'Average' for the said periods. Undisputedly, the ACR gradings was below bench mark. In view of the law declared by the Supreme Court as per decision reported as Dev Dutt Vs. UOI & Ors., 2008 8 SCC 725 the below benchmark ACR gradings were conveyed to him for his response. He submitted the response on which the reporting and the reviewing officer penned their remarks. Considering the same, vide order dated August 25, 2010, the representation for correcting the ACR grading was turned down.