RAM NATH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Learned counsel for the petitioner questioning the order dated 11.10.2013, passed by the Principal Bench of the Central Administrative Tribunal in OA No. 3509/2009, submits that OM No.F. 22011/5/86 -Estt. -D dated 10.04.1989 stands superseded by OM F.No. 35034/7/97 -Estt.(D) dated 08.02.2002 and, therefore, the Departmental Promotion Committee (for short DPC), could not have re -examined or downgraded the gradings given in the Annual Confidential Reports (for short ACRs).

(2.) We have examined the said contention, but do not agree.

(3.) The mandate in the order dated 01.07.2008 in OA No. 656/2007 was followed. By order dated 29.01.2009, the petitioner was informed that the ACRs for the period 2000 -2001 to 2005 -2006 had been upgraded from 'good' to 'very good'. The review DPC was convened to consider the case of the petitioner for promotion to the post of Deputy Director (General). The review DPC, recorded the following minutes and declared the petitioner unfit for promotion: -