MUNNA KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Anjan Prasad Sahu, learned counsel appearing for the petitioner and Mr. Kh. Samarjit, learned ASG appearing for the respondents.

(2.) The present writ petition had been filed with the prayer to quash and set aside the impugned order dtd. 16/1/2019, whereby the Director General, CRPF had refused to consider the representations dtd. 4/10/2018 and 13/11/2018 submitted by the petitioner against the entries of grading "GOOD" in his Annual Performance Appraisal Report (APAR) for the period from 1/4/2017 to 31/3/2018 on the ground that there is no provision for considering the representation against the grading/ remarks recorded in the APAR after the expiry of the prescribed period of time for submitting such representations. The petitioner has also prayed for quashing or setting aside the adverse entries in his APAR for the period from 1/4/2017 to 31/3/2018 and for expunging the adverse entries in his APAR.

(3.) According to the petitioner, he is presently serving as Commandant (IRLA-3998), Group Centre, CRPF, Langjing, Imphal. The petitioner submitted his APAR for the period from 1/4/2017 to 31/3/2018 to the Reporting Authority, i.e., DIGP, CRPF, Group Centre, Langjing, Imphal on 5/4/2018. In part - II of the said APAR, the petitioner gave a brief resume of work done by him during the reporting period including the details of significant contributions made by the petitioner in the office through his work during the same period. The Reporting Officer accepted the said self-appraisal report of the petitioner and recorded his assessment in numerical figures with regard to assessment of work output, personal attributes and functional competency of the petitioner and gave the grading of "VERY GOOD". According to the petitioner, the Reviewing Authority downgraded the assessment of the Reporting Authority without assigning any reason and gave the grading of "GOOD" only, which is below the benchmark of "VERY GOOD" required for availing further promotion in the higher grade. The grading of "GOOD" given by the Reviewing Authority in the APAR of the petitioner was accepted by the Accepting Authority and thereafter, the said APAR was communicated to the petitioner under a letter dtd. 16/8/2018 of the Spl. DG, NEZ, CRPF, with a specific direction to make representation against the entry in the said APAR if so desired and the said APAR was received by the petitioner on 28/8/2018.