Central Administrative Tribunal - Kolkata
Dr Jyotirmay Kritania vs Employees State Insurance Corporation on 24 June, 2020
1 O.A. NO. 350.00416.2020 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/00416/2020 Date of order: 24.6.2020 Present Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member Dr. Jyotirmay Kritania, Son of Shri Jogesh Chandra Kirtania, Aged about 42 years.
Presently working as Professor of Anesthesiology At ESI-PGIMSR Manicktala, 54, Bagmari Road, Kolkata - 700 054, Permanent resident of 9/1/2, B.C. Roy Path, P.O. - Shyamnagar, P.S. Jagaddal, Dist. - North 24 Parganas, 743127.
... Applicant VS.
1. The Union of India, Service through the Secretary, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi, Pin - 110001.
2. The Secretary, Department of Personnel & Training (DOPT), Government of India, North Block, New Delhi - 110 001.
3. The Under Secretary to The Government of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel & Training (DOPT), Government of India, North Block, New Delhi - 110 001.
2 O.A. NO. 350.00416.20204. The Director General, Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi - 110 002.
5. The Medical Commissioner (Medical Education), Employees State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi - 110 002.
6. The Dean In-Charge, ESIC Medical College Joka, Diamond Harbour Road, lift Vi Joka, Kolkata - 700 104.
7. The Assistant Director and APAR Custodian, ESIC Medical College, Joka, Diamond Harbour Road, Joka, Kolkata - 700 104.
8. Dr. Atasi Das, Assistant Professor, ESIC Medical College Joka, Diamond Harbour Road, Joka, Kolkata - 700 104.
... Respondents For the Applicant Mr. B. Nandy, Counsel For the Respondents Mr. S, Chowdhury, Counsel ORDER (Oran Per Dr. Nandita Chatterlee, Administrative Member:
Being aggrieved with downgrading of his APAR, the applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:-
iV 3 0,A. NO. 350.00416.2020 "(a) An order do issue directing thereby the Respondent No. 4 to issue 'No Report Certificate' (NRC) to the applicant for the AFAR year 2018-19, since both the reporting officer and the reviewing officer grossly violated the DoPT instructions and AIS AFAR (Amendment) Rules, 2019 while writing AFAR of the applicant and further the Respondent No. 4 has failed to dispose the AFAR representation even beyond 90 days of the Govt. (DoPT) set deadline.
(b) An order do issue directing thereby the respondent authorities to not to fake into account the downgraded AFAR for the year 2018-2019, in considering the future promotional aspects of the applicant as the same is wholly arbitrary, mechanical and is a result of total non-application of a clear and proper judicious mind.
(c) An order do issue setting thereby aside and quashing the out-of-context and unsubstantiated false allegation dated 3.5.2019 made by Respondent No. 8, used by Respondent No. 6 to put adverse comment in the 2018-19 AFAR as the same is beyond the concerned AFAR year and the impugned email dated 03.05.2019 remains a potential tool to put adverse comment in the next year's AFAR of the applicant.
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(d) An order do issue directing thereby the Respondent No. 4 to cause an injury by an external impartial committee into the unsubstantiated false allegation dated'03.05.2019 made by the Respondent No. 8 through her email addressed to the Respondent No. 6 within a specified period of time, failing which the alleged issue raised therein shall become null and void.
(e) Any other order and/or orders as the Hon'ble Tribunal may deem fit & proper."
2. The submissions of the applicant, in short, is as follows:-
The applicant has been functioning as a Professor of Anesthesiology with the respondent authorities since 18.3.2013, and that his overall APAR gradings were 8, 8, 8, 9, 7.5 for the period 2013-14, 2014-15, 2015-16, 2016- 17 and 2017-18 respectively. The reporting authority, however, allegedly on the basis of unsubstantiated adverse comments, downgraded the applicant with a grading of 7.14 during 2018-19. The applicant would further allege that the said reporting officer violated the DOPT norms in inserting his comments as 'Fair' against the integrity column of his APAR of 2018-2019. The said reporting officer also unjustly took into account certain t 4 O.A. NO. 350.00416.2020 vitiating emails dated 3.5.2019 against the applicant without causing an enquiry into the veracity of such allegations.
The applicant, being aggrieved by such adverse actions, had, within time, represented to the competent authority with point-wise rebuttals along with . documentary evidence and also prayed for expunging of "adverse remarks". Although, as per extant circulars, the last date for disposal of such representation had expired on 22.11.2019, the competent authority failed to dispose of the same. In such context, the applicant claims that he is entitled to 'No Report Certificate' (NRC) for the year 2018-2019, non receipt of which would affect his future career j ■ 0^ "A prospects, and, hence, this O.A.
3. Ld. Counsel for the respondents would admit that there has been an inadvertent delay in disposing of the representation but would seek an opportunity to decide on the same. Ld. Counsel for the applicant would I object urging for adjudication on merit, a claim opposed by his opponent Counsel on the grounds that although the applicant insists that he has an inherent right to receive NRC in the event on non disposal of representation within scheduled time, he has not furnished rules or circulars in support of his claim.
4. Accordingly, in the interest of justice, without entering into the merits of the matter, and, having heard both Ld. Counsel, we would, in partial relaxation , of time limit laid down for his purpose, direct the respondent No. 4, who is the Director General, Employees' State Insurance Corporation, New Delhi, or any other competent authority to examine the contents of the representation and to dispose of the same in accordance with law within a period of four weeks from the date of receipt of a copy I l I s' 5 O.A. NO. 350.00416.2020 of this order. The competent respondent authority, shall, thereafter. I V convey his decision to the applicant in a reasoned and speaking order.
. 5. With these directions, the O.A. is disposed of. There will be no orders on costs.
y (Dr. Nandita Chatterjee) (Bidisha Banerjee) Administrative Member Judicial Member SP ■m i i f