Delhi High Court - Orders
Guriqbal Singh vs Union Of India & Anr on 11 October, 2023
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 779/2018
GURIQBAL SINGH ..... Petitioner
Through: Dr. Surender Singh Hooda, Advocate
with Mr. Aayushman Aeron,
Advocate.
versus
UNION OF INDIA & ANR ..... Respondent
Through: Mr. Jivesh Kumar Tiwari, Senior
Panel Counsel.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 11.10.2023
1. Arguments heart in part.
2. Petitioner seeks setting aside of order dated 12.02.2015, whereby the representation of the petitioner for re-fixation of his seniority has been rejected. Petitioner also impugns order dated 13.04.2010, whereby petitioner was not promoted and seeks retrospective seniority with effect from 01.07.2010, when his immediate junior was promoted to the rank of Commandant.
2. Learned counsel for petitioner submits that petitioner was given below benchmark grading in the Annual Performance Appraisal Report for the years 2005-06 and 2007-08, which were not communicated to him and subsequently, they were communicated in W.P.(C) 779/2018 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/10/2023 at 14:24:21 the year 2010. A representation was given by the petitioner on the ground of non-communication of the below benchmark grading and the error was corrected and the grading was upgraded.
3. Learned counsel for petitioner submits that petitioner was due for consideration by the DPC for promotion to the rank of Commandant and was considered in the DPC held on 15.03.2010, by which time the gradings had not been upgraded and he was accordingly superseded. He submits that in the subsequent DPC petitioner was promoted to the rank of Commandant, however, was made junior to some of the officers who were earlier his juniors. Learned counsel relies on the decision of the Supreme Court in Dev Dutt Vs. Union of India & Ors. (2008) 8 SCC 725 to contend that adverse grading unless communicated has to be ignored for the purposes of promotion and consideration by the DPC.
4. Learned counsel submits that in terms of Office Memorandum dated 30.04.2010, petitioner should have been considered by holding a review DPC. He submits that in the case of one Lala Krishan Kumar Lal, similar issue had arisen, however, he was subsequently promoted by holding a review DPC and then given retrospective seniority. He submits that because of the said reason Lala Krishan Kumar Lal, who was earlier his junior became senior to him.
5. Learned counsel submits that even in the counter-affidavit, there is no clear averment as to whether a review DPC was held or not. He submits that counter-affidavit merely states that the DPC which was held on 15.03.2010 found the petitioner 'unfit' on account W.P.(C) 779/2018 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/10/2023 at 14:24:21 of the petitioner having earned a DG's displeasure. He submits that it was for the review DPC to have considered the upgraded ACRs and the DG's displeasure as DG's displeasure is not a disqualification but one of the inputs to be considered by the DPC. He submits that a review DPC should have been held with correct grading of APAR and other material for it to assess as to whether petitioner should have been promoted with effect from the date when his juniors were promoted or not. He submits that since the same has not been done, petitioner is liable to be considered by a review DPC.
6. Learned counsel for respondents prays for time to ascertain as to whether a review DPC was held qua the petitioner after his APAR was upgraded or not.
7. At request, re-notify on 29.11.2023.
SANJEEV SACHDEVA, J MANOJ JAIN, J OCTOBER 11, 2023 NA W.P.(C) 779/2018 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/10/2023 at 14:24:21