JAI NARAIN Vs. STATE AND ORS.

JUDGEMENT

(1.) MATTER has come up on 2nd stay application dt.19/11/2010. At joint request, it has been heard for final disposal at admission stage.

(2.) INSTANT petition has been filed by Petitioner with the grievance that his annual performance appraisal reports ("APAR") of the years 2005 -06 and 2006 -07 were downgraded despite his performance in preceding and succeeding years has been outstanding/very good; and in absence of opportunity of hearing being afforded, recording of downgrading remarks in the APA Rs in question is in violation of principles of natural justice; and deserves to be ignored while his candidature being considered for further promotion to the post of Indian Police Service ("IPS") under IPS (Appointment by Promotion) Regulations, 1955 ("IPS Regulations").

(3.) COUNSEL for Petitioner submits that before downgrading remarks being recorded in APA Rs of years 2005 -06 and 2006 -07, no opportunity of hearing was afforded to Petitioner which is in violation of principles of natural justice, as also of Article 14 of the Constitution. In support, Counsel for Petitioner placed reliance upon decisions of Apex Court in Dev Dutt v. Union of India : 2008 (8) SCC 725 and Abhijit Ghosh Dastidar v. Union of India : 2009 (16) SCC 146.