PALA SINGH TANCK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant vide the instant Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, impugns the OM dated 25.08.2010 rejecting his representation against the below benchmark grading in his ACR/APAR for 2006 -07 (1.8.2006 to 31.3.2007) and year 2007 -08 (1.4.2007 to 30.8.2007). The applicant is further aggrieved with the grading Average assigned in the ACRs, which is below the benchmark prescribed.

(2.) THE applicant seeks the following reliefs vide this OA: - -

(3.) THE applicant approached this Tribunal vide OA No. 825/2010, which was disposed of vide order dated 12.07.2010 directing the respondent to decide the representation of the applicant within six weeks from the date of the order. In case representation of the applicant were to be accepted and his ACRs upgraded commensurate with the benchmark, the respondents, in that event, were to consider him for promotion to the post of SAG by constituting a review DPC within six weeks from the date of accepting his representation. However, the applicant's representation was rejected vide the impugned order dated 25.08.2010. The applicant approached this Tribunal vide the present OA, which was dismissed vide the order dated 29.3.2011. Aggrieved by this, the applicant filed WP(C) No. 6942/2012. The Hon'ble High Court in consideration of the same, disposed of the Writ Petition vide order dated 04.03.2013 setting aside the order of this Tribunal dated 29.3.2011 and restored the present OA for fresh adjudication by the Tribunal. That is how the OA has come up again before this Tribunal.