RAJIV RANJAN (CAPT ) Vs. UNION OF INDIA

JUDGEMENT

(1.) THE adverse confidential reports for the year, 1992 i.e. beginning from January, 1992 to the end of December, 1992 is subject matter of challenge in this petition. The petitioner submits that the same Officer assessed the petitioner in the earlier year and rated him as "Outstanding". The same officer for the same criteria has rated him as "Below Average". The extract of the ACR in respect of the year 1991 is being reproduced below:

(2.) AGAIN , an extract of ACR of the year 1992 is also being reproduced below:

(3.) A perusal of the above would indicate that for the year 1991 for "Appearance and Bearing", the petitioner was given seven points, whereas for the same factor, the petitioner was given five points for the latter year. For personal conduct, he was given seven points for the year 1991, but for the latter year he was given one point. Again for integrity and loyalty the petitioner was given eight points for 1991 but was given one point for the latter year. For physical fitness and mental robustness, the petitioner was given eight points for the year 1991, but for the latter year he has been given four points. For expression (Verbal and Written. ability to execute assigned tasks and leadership and management, he was given seven points each for the year 1991. For these qualities he was given 5,3 and 1 points in latter year. The petitioner submits that there could not be quantitative and qualitative degradation in the matter of his ability to perform duties.