AVTAR SINGH ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, who is an Additional Director General (Electrical and Mechanical) ["ADG (E&M)] in the Central Public Works Department ("CPWD"), has filed the present petition challenging the order of the Central Administrative Tribunal ("CAT") dated 22nd November, 2018 in OA No.2350/ 2018, filed by the Petitioner. Respondent No. 1 is the Union of India through the Secretary, Ministry of Housing and Urban Affairs, Respondent No.2 is the Director General, Ministry of Housing and Urban Affairs and Respondent No. 3 is the Union Public Services Commission ("UPSC").

(2.) By the above impugned order, the CAT rejected the Petitioner"s prayer for setting aside the decision of the Departmental Promotion Committee ("DPC") dated 4th December, 2017, whereby the Petitioner was declared "unfit" for promotion to the post of Special Director General (Electricity and Mechanical) ["SDG (E&M)"].

(3.) The background facts are that the Petitioner joined as an Assistant Executive Engineer (E&M) in 1983. He was able to secure timely promotions, and in 2012, got promoted as Chief Engineer. On 6th August, 2014 the Petitioner was communicated his Annual Performance Appraisal Report ("APAR") for the period between 13th June, 2013 and 31st March, 2014. In the APAR for the said period, the Petitioner was given zero points against Column No. 3.1 (ii) and a grading of 5.63 by the Reviewing Authority ("RA"). The Reporting Officer ("RO"), on the other hand, gave the Petitioner 7 points in the aforementioned column and awarded him a grading of 7. The Accepting Authority ("AA") gave the Petitioner a grading of 5 points. Based on the said grade points the Petitioner was awarded an overall grading of "Good", which was a below benchmark grading.