SIMON BENJAMIN SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this application under Section 19 of The Administrative Tribunal's Act, 1985, the applicant has challenged the impugned order dated 14.12.2011 passed by respondent No. 3 and thereupon the order dated 22.03.2012 passed by respondent No. 2 in the matter of expunction of adverse remarks in the Annual Confidential Reports of the applicant for the years 2005 -06, 2006 -07, 2007 -08 and 2009 -2010. The applicant is working with the respondents as Deputy Office Superintendent at Mumbai as Grade III employee. For the four years in question adverse remarks were communicated to him by respondent No. 3 some times in the year 2011. On receiving the same, the applicant asked copies of the ACRs for the relevant years and then submitted representation to the respondent No. 3 for expunction of adverse remarks by which his performance was assessed as 'Just Adequate'. According to the applicant on account of this adverse remarks, the department has not considered his case for grant of benefit under the Assured Career Progression (ACP) Scheme.

(2.) THE respondent No. 3 after giving opportunity of hearing to the applicant by the impugned order dated 14.12.2011 found that there is no scope for any change in the overall grading of those Annual Performance Appraisal Reports (APAR) and hence rejected the representation.

(3.) ACCORDING to the applicant the APARs of the year 2006 -07 and 2007 -08 were not written by one Smt. M.M. Patil, Administrative Officer, Bassein Division under whom he was working, as the Reporting Officer although she was available when those APARs were actually written. On the contrary, the APAR for the year 2006 -07 was written by Shri D.S. Wayal, Assistant Commissioner who was in fact the Reviewing Officer and the same was reviewed by Dr. B.S. Meena, Joint Commissioner, Marine and Preventive Wing, Customs (Preventive), Mumbai.