PRAMOD RAMJEE SAHARE Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition has been preferred by the Petitioner under Article 226 of the Constitution of India to assail the order dated 18.07.2013 passed in O.A. No. 3551/2011 by Central Administrative Tribunal, Principal Bench, Delhi (CAT/ Tribunal), whereby the Tribunal disallowed his said original application. The Petitioner had sought to assail the adverse entries in his Annual Confidential Report (ACR) for the years 2006-07 and 2007-08 and had sought a direction that these entries be ignored by the Departmental Promotion Committee (DPC) for consideration of his promotion to the Functional Senior Administrative Grade (SA Grade). The Tribunal, while rejecting the Petitioner's plea, returned the finding that the respondents had placed sufficient material on record to indicate that he had been adequately cautioned prior to recording his ACRs and adequate opportunity had been extended to him for improvement. Only thereafter, the ACRs for the years 2006-07 and 2007-08 had been recorded.

(2.) The petitioner was appointed as an Assistant Divisional Medical Officer on 07.08.1980 in the Indian Railways with MBBS qualification. On 09.10.1987, the petitioner was promoted as a Divisional Medical Officer (DMO), and on 16.03.1992, he was promoted as Senior DMO and, thereafter, was elevated to Senior DMO Selection Grade on 06.06.2000. He retired on superannuation on 31.07.2011.

(3.) On 25.06.2007, adverse remarks in the ACR for the year ending 31.03.2007 were communicated to the petitioner by the General Manager (GM), Central Railway (C.Rly.), Mumbai vide letter dated 14.06.2007. The petitioner made a representation against the same to the GM on 17.07.2007. The aforesaid representation was turned down, which was communicated to the Petitioner vide letter no. CON.216/Adv/2006-07 dated 08.07.2008.