UNION OF INDIA Vs. K.S.LUDU

JUDGEMENT

(1.) THE prescribed benchmark for promotion to Higher Administrative Grade (HAG) was five 'Very Good' gradings in the ACRs for the preceding five years when DPC met to consider the eligible candidates. The said five years' block period was for the years 2002-03 to 2006-07. The respondent had grading 'Very Good' for the year 2002-03 and 2003-04. For the year 2006-07 his grading was 'Outstanding'. For the year 2004-05 two ACRs were recorded for eight months and four months respectively. Respondent was graded 'Very Good' and 'Good' for the said two periods. For the year 2005-06 whereas the Reporting Officer graded respondent 'Very Good' the Reviewing Authority downgraded the same to 'Good'.

(2.) ON account of the Reviewing Authority having retired from service, following the law statedly declared by the Supreme Court in the decision reported as (2008) 8 SCC 725 Dev Dutt Vs. UOI the Tribunal has directed a review DPC to be convened as of September 22, 2008 i.e. the date when the DPC met and considered respondent's candidature and declared him unfit for promotion at which re-convened DPC the ACRs for the two periods in question which were below benchmark have been directed to be ignored because below benchmark ACR gradings were never conveyed to the respondent for his response.

(3.) THE learned Judges of the Supreme Court who authored the opinion in Dev Dutt's case (supra) also considered as to which authority should consider the representation made against a below benchmark ACR grading. In para 37 they opined as under:-