R.RAMESH Vs. BHARATH SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) THE Petitioner/Applicant has filed the present Writ Petition as against the order dated 28.06.2012 in O.A.No.623 of 2011 passed by the 3rd Respondent/Central Administrative Tribunal, Chennai.

(2.) THE 3rd Respondent/Central Administrative Tribunal, Chennai, while passing the order in O.A.No.623 of 2011 filed by the Writ Petitioner/Applicant on 28.06.2012, has, in paragraph 11, categorically observed that '.. the appellate authority has considered all the relevant facts available on record and the contentions of the applicant, and made an assessment of the performance objectively dispassionately and fairly. In fact the appellate authority is required to give specific reasons for upgrading the below benchmark ACR/APAR gradings at par with the benchmark for next promotion as per the provisions in para 2 of O.M.No.21011/1/2010-Estt.A dated 13.4.2010 of the DOP&T. This obviously is not the situation in the present case. Therefore, it is to be concluded that there is no evidence to show that the appellate authority has violated any of the rules/instructions in this case' and resultantly, dismissed the application without costs.

(3.) THE Learned Counsel for the Petitioner/Applicant urges before this Court that the 3rd Respondent/Tribunal failed to take into account the law laid down by the Hon'ble Supreme Court in the decision M.A.Rajasekar V. State of Karnataka, [JT 1996 (7) 708] whereby and wherein it is held that 'remarks in the Confidential Report which have a bearing on the service career of the officer should be with specific reference to clear instances of shortcoming, deficiencies'.