C.F. ROBERT Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in O.A.No.444 of 2021 before the Central Administrative Tribunal, Ernakulam Bench is the petitioner herein aggrieved by the final order dtd. 25/11/2021 of the Tribunal in the said O.A.

(2.) The brief facts necessary for disposal of the OP(CAT) are as follows:

(3.) Before the Tribunal, the contention of the petitioner was essentially that the ACR for the year 2014 had since been upgraded pursuant to a representation preferred by the petitioner for the same in 2020. Accordingly the ACR for the said year showed the petitioner as having obtained a grading of "very good" in that year. The contention of the petitioner was that there was nothing on record to suggest that the Selection Committee, which met to assess the candidature of the petitioner, had taken note of the upgraded ACR for the year 2014, and it was his belief that the Selection Committee had seen only the ACR prior to up gradation and that this might have been the reason for the petitioner getting an overall grade of only "good". It was the further contention of the petitioner that even assuming that the Selection Committee had taken note of the upgraded ACR for the year 2014, there should have been compelling reasons for the Selection Committee to have granted an overall grading of "good" to the petitioner notwithstanding the consistent grading of "very good" in the four years preceding the selection year. Lastly, it was contended that it was the statutory obligation of the UPSC to look into the decision of the Selection Committee and point out any irregularities if noticed by them. According to the petitioner the UPSC ought to have ensured that the Selection Committee had considered the fact of upgradation of the petitioner's ACR for the year 2014.