LAWS(DLH)-2013-8-30

DELHI DEVELOPMENT AUTHORITY Vs. RAM AVTAR SHARMA

Decided On August 06, 2013
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
RAM AVTAR SHARMA Respondents

JUDGEMENT

(1.) THE respondent Ram Avtar Sharma was aggrieved by the fact that persons junior to him were promoted from the post of Executive Engineer to that of Superintending Engineer on the recommendations of a Departmental Promotion Committee which met on May, 2007 and he was superseded being found unfit for promotion and the reason whereof was Ram Avtar Sharma's ACR gradings recorded in the appraisal reports, which reports were prepared as per a proforma prescribed.

(2.) IT was obviously a case of below benchmark ACR gradings which was creating the problem and since the said below benchmark ACR gradings were not forwarded to Ram Avtar Sharma to enable him to make a representation there against the first round of litigation which he fought resulted in a direction being issued to the employer i.e. Delhi Development Authority to forward to him the below benchmark ACR gradings to enable Ram Avtar Sharma to submit a response there against and after considering the response to pass appropriate orders and should the ACR gradings be upgraded, a review DPC to be held.

(3.) THE ACR proformas prepared by Delhi Development Authority would reveal that they consist of four parts. Part I pertains to a self-appraisal by the officer concerned. Part II pertains to the appraisal by the Reporting Officer. Part III pertains to the Reporting by the Reviewing Officer and Part IV pertains to the Report by the Counter Signing Officer.