MD. KHALIQUEZZAMAN Vs. COAL INDIA LIMITED AND OTHERS

JUDGEMENT

(1.) Though this writ petition has been listed under the heading "To Be Mentioned" today, the writ petition itself is being taken up for hearing on consent of the learned Counsel appearing for the parties.

(2.) The writ petitioner is at present posted as Chief Manager (Finance), Central Mine Planning and Design Institute Ltd., Regional Institute-VI, The said post is in E-7 grade in the common cadre of Coal India Ltd. The company where the petitioner is posted is a wholly owned subsidiary of the Coal India Ltd. The writ petitioner's case was considered for promotion by the Selection-cum-Departmental Promotion Committee [DPC] Board-II of the Coal India Ltd. along with other eligible candidates in the same grade for promotion to E-8 grade in finance discipline. The said committee, however, found that the petitioner was not eligible for promotion on the basis of marks obtained by him.

(3.) The case of the petitioner is that the petitioner was graded inadequate in the Executive Evaluation Report [EER] for the year 2008-09, which in substance constitutes adverse entry in his assessment report by his employer. Petitioner's contention is that his overall performance before the DPC was not properly assessed while grading him inadequate and this disentitled him for promotion to the next grade. Mr. Dutta, learned counsel appearing for the petitioner submitted that the respondents are not entitled to rely on the adverse entry in the petitioner's EER because the said adverse entry in his assessment records was not communicated to him at the material time and the manner of recordal of this adverse entry is also questioned by the petitioner.