RAMDAS WAMAN BORDE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this application under Section 19 of the Administrative Tribunals Act, 1985, the applicant has challenged down grading remark of 'just adequate' in his Annual Performance Appraisal Report (APAR) for the year 2008 -09 and to restore the one of 'Very Good' passed by the Reporting Officer. The facts of the case in brief may be stated as under:

(2.) ON 29.11.2008, the applicant met with a vehicular accident while at his native place Aurangabad and was hospitalized till 1.12.2008. He was required to avail medical leave for a period of 18 days till 18.12.2008 for complete recovery. The said leave was duly sanctioned.

(3.) DURING the year 2008 -09, the applicant worked in two Divisions and his performance was assessed by the Superintendent of Division -IV with a grading 'Very Good'. It was however, reviewed by the respondent No. 4 and he down graded the same as 'just adequate', which is below the benchmark 'good'. This remark was communicated to the applicant only on 3.1.2012 against which he submitted a representation on 19.1.2012 for expungement of the said remark of 'just adequate', respondent No. 4 forwarded the representation to the respondent No. 3 for consideration. However, the same was rejected on 28.9.2012.