Eapen P.V. v. Union of India & Anr.

Delhi High Court · 12 Nov 2021 · 2021:DHC:3581-DB
Manmohan; Navin Chawla
W.P. (C) 12693/2021
2021:DHC:3581-DB
administrative other

AI Summary

The Delhi High Court directed the respondents to decide the petitioner's delayed representation against adverse performance appraisal within three weeks to ensure fair consideration before promotion.

Full Text
Translation output
W.P. (C) 12693/2021
HIGH COURT OF DELHI
W.P.(C) 12693/2021
EAPEN P.V ..... Petitioner
Through Dr. Surender Singh Hooda and Mr. Aayushman Aeron, Advocates.
VERSUS
UNION OF INDIA & ANR. ..... Respondents
Through Mr. Rishabh Sahu Central Govt. Sr.
Counsel with Adv. Syed Hussain Adil Taqvi Government Pleader, Sameer
Sharma Advocates.
Date of Decision: 12th November, 2021.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J (Oral)

1. The petition has been heard by way of video conferencing.:

2. Present writ petition has been filed seeking directions to the Respondents to decide the Petitioner’s representation dated 5th December, 2019 challenging the adverse remarks in his Part Performance Appraisal Report [PPAR] that resulted in below benchmark grading for the period between 1st April, 2015 and 23rd

3. Learned counsel for the Petitioner states that the petitioner was communicated the below par PPAR on 23 September, 2015. rd November, 2019 vide letter dated 11th November, 2019 and was called upon to represent against the 2021:DHC:3581-DB W.P. (C) 12693/2021 PPAR by 23rd November, 2019. He states that the Petitioner first represented against the PPAR vide his Representation dated 5th

4. Learned counsel for the petitioner states that delay in deciding the Petitioner’s Representation is violative of the BSF’s guidelines contained in para 4.18 of the BSF APAR Procedure and Instructions 2012. He states that a DPC is to be convened by the Respondents for Promotion to the rank of Inspector General and the Petitioner being the senior-most DIG, is at the top of the list and the below benchmark PPAR grade will severely impact the Petitioner’s chances for promotion. December, 2019. He further states that despite lapse of almost two years since his Representation and multiple reminders, the Petitioner is yet to receive a final decision on the Representation.

5. Since the next DPC is likely to be convened on or before 31st December, 2021, this Court disposes of the present writ petition by directing Respondent no.1 to decide the Petitioner’s representation dated 5th MANMOHAN, J NAVIN CHAWLA, J NOVEMBER 12, 2021 KA December, 2019 by way of a reasoned order, in accordance with law, within three weeks.