UNION OF INDIA Vs. AJAY TIWARI

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India has been filed by Union of India through Secretary, Ministry of Information and Broadcasting, New Delhi challenging the order of the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) dated 17.02.2006 passed in OA No.1651/2005 whereby the Tribunal expunged the adverse remark made in the ACR (Annual Confidential Report) of the respondent, Sh. Ajay Tiwari for the period of 01.04.2000 to 13.10.2000, and quashed the memorandum dated 3.5.2002 and the order dated 12.10.2004, while preserving the right of the petitioner to initiate disciplinary proceedings against the respondent for bringing political/ VIP pressure in the matter of his posting from time to time.

(2.) The respondent was appointed as Assistant Engineer (Civil) Construction Wing, All India Radio in the year 1984 by direct recruitment. He was promoted as Executive Engineer in June, 1995. In the year 2000-2001 he was posted as Surveyor of Works, Civil Construction Wing, All India Radio.

(3.) An office memorandum No. 28012/8/2001/Vig dated 3.5.2002 was issued by Director General AIR, Vigilance Section communicating the adverse remark recorded in the ACR of the respondent for the period w.e.f 1.4.2000 to 13.10.2000. The relevant extract of the said memorandum which was impugned before the Tribunal reads as under: