Central Administrative Tribunal - Ernakulam
Abdul Rasheed N vs Department Of Personnel And Training on 17 June, 2022
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00051/2022
Friday, this the 17th day of June, 2022
CORAM:
Hon'ble Mr. Ashish Kalia, Judicial Member
Hon'ble Mr. K. V. Eapen, Administrative Member
Sri Abdul Rasheed N, S/o. M. Noohukannu,
aged 57 years, Shalimar, Rajeev Nagar,
Pallithottam P.O., Kollam, Pin - 691 006.
Retired as Superintendent of Police, Crime Branch
Central Unit IV, Vallakkadavu P.O.,
Thiruvananthapuram - 695 008. - Applicant
(By Advocates: Mr. S. Sreekumar & Mr. P. Martin Jose)
versus
1. Union of India, represented by its Secretary,
Department of Personnel and Training,
Ministry of Personnel, Public Grievences and Pension,
New Delhi - 110 069.
2. The Union Public Service Commission rep by its
Secretary, Shajahan Road, New Delhi - 110 069.
3. The Selection Committee for Selection to
Indian Police Service Constituted under Regulation - 3 of
The Indian Police Service (Appointment by Promotion)
Regulations 1955 represented by its Chairman,
Union Public Service Commission, New Delhi - 110 069.
4. The State of Kerala represented by its
Chief Secretary, Government Secretariat,
Thiruvananthapuram - 695 001.
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5. The State Police Chief, Police Head Quarters,
Thiruvananthapuram - 695 010. - Respondents
(By Advocates: Mr. Sinu G. Nath for R1,
Mr. Thomas Mathew Nellimoottil for R2-3
and Mr. Baiju Raj G, GP for R4&5)
The O.A having been heard on 17th June, 2022, this Tribunal
delivered the following order on the same day:
O R D E R (ORAL)
Per : Mr.K.V. Eapen, Administrative Member The applicant in the O.A is an officer of the State Police Service (SPS) who submits that he was in zone of consideration for appointment by promotion to the Indian Police Service (IPS) Kerala Cadre for the year 2018. The Selection Committee of the Union Public Service Commission however graded him as "unfit" considering that the grading in his Annual Confidential Reports (ACR) for the period 10.06.2015 to 31.12.2015 was only "satisfactory" and for the period 01.07.2016 to 08.08.2016 was only "good". Thus the Committee arrived at an overall assessment that the applicant was "unfit". He submits, however, that the reason for declaring him unfit to the Indian Police Service for the year 2018 is due to a misreading of the confidential report of the applicant for the period 10.06.2015 to 31.12.2015 and 01.07.2016 to 08.08.2016, which is being upgraded. He also submits that the steps are underway for convening the Selection Committee meeting for the year 2019 and 2020 for promotion to the IPS Kerala Cadre. It is submitted that it is likely that a meeting of the Committee would be held at a very short notice.
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2. It is submitted that the assessment of the applicant was given as 'good' for the period from 10.06.2015 to 31.12.2015 and also as 'good' from 01.01.2016 to 08.08.2016 and 'outstanding' from 08.08.2016 to 31.12.2016 and thus he has to be reckoned as 'outstanding' from 01.01.2016 to 31.12.2016, which makes him within the eligibility criteria of the Selection Committee for considering an officer for selection and appointment to the Indian Police Service. He submits that he is fully eligible for such consideration. It is submitted that there has been a re-assessment of the confidential reports of the applicant by the Reporting Authority, Reviewing Authority and Accepting Authority, vide Annexure A4 to A8 as "outstanding" and thus the overall assessment of the applicant has to be considered as "very good" by the second and third respondents (Selection Committee/UPSC) for selection and appointment to the Indian Police Service for the year 2019 and 2020. Hence, he has prayed for relief to consider him for selection and appointment to Indian Police Service for the years 2019 and 2020, notwithstanding the earlier assessments of the applicant as "unfit" for the year 2018. The Reliefs sought are as follows :-
" (i) Declare that the assessment of the 3rd respondent Committee assessing the applicant as unfit for selection to Indian Police Service in the year 2018 as per Annexure A2 is vitiated by mistake of fact and law;
(ii) Direct the respondents 2 and 3 to consider the applicant for selection and appointment to Indian Police Service for the years 2019 and 2020 not withstanding Annexure A2 assessment of the applicant as unfit for the year 2018;
(iii) Direct the respondents 2 and 3 to consider the reassessment of the annual confidential reports of the applicant as per Annexure A4 to A8 for the selection year 2019 and 2020;
(iv) Issue such other appropriate direction or order this Tribunal may deem fit and order in the interest of justice."4
3. When the matter came up before the Tribunal on 06.04.2022, the counsel for the State Government submitted that an Original Application relating to a proper grading for the relevant years of the Confidential Report of the applicant is pending before Kerala Administrative Tribunal. Meanwhile, the applicant also filed an M.A 180/226/2022 to accept documents relating to his application for review of his Annual Confidential Reports from 10.06.2015 to 08.08.2016. The said M.A was allowed. The Respondent nos. 2 & 3 (UPSC/Selection Committee) also filed a reply statement in the matter. It is their contention that the Selection Committee which met on 24.06.2021 to prepare the Select List of 2018 for promotion to IPS of Kerala Cadre, had considered the name of the applicant at Sl.No.27 in the Eligibility List for the 11 vacancies. It is their contention that the Committee had gone through all the parameters of the ACRs of 2015 and 2016 and, thereafter, made its assessment. Though his name was considered by the Selection Committee for the preparation of Select List 2018, the assessment of the Committee was that the applicant was found as "unfit" due to the low gradings in the ACR. It is submitted by respondent nos. 2 & 3 that though the applicant has himself stated that the ACRs for the year 2015 and 2016 have since been upgraded after the Selection Committee meeting held on 24.06.2021, it appears that these upgraded ACRs have not been accepted by the concerned authority and sent to the UPSC. It is also submitted that the categorization of officers in the light of the relevant records and the norms utilised in making assessment of officers are exclusive functions of the Selection Committee, as has been held by the Hon'ble Supreme Court in the case of UPSC v H.L Dev & Others [AIR 1988 SC 1069]. The Hon'ble Apex Court has reiterated in several judgments that the Selection Committtee is empowered to make its own assessment and that this function solely belongs to the 5 Selection Committee and cannot be reviewed in Courts, unless there is a case of malafide or arbitrariness involved. The respondent nos. 2 & 3 have cited a series of decisions to prove that the Selection Committee has full independence in the matter of assessment. However, it has also been stated in the reply statement of respondent nos. 2 & 3, that the Government of Kerala has, vide its letter dated 21.05.2022 and 24.05.2022, submitted the revised eligibility lists of the years 2019 and 2020 and that the name of the applicant figures at SI. No. 14 and SI.No. 13 in the revised eligibility lists for preparation of the Select Lists of 2019 and 2020 respectively. The ACRs of the applicant, including the upgraded ACRs, if any received, will be placed before the Selection Committee Meeting scheduled to be held on 27.06.2022 for preparation of year-wise Select List of 2019 and 2020 for promotion to IPS of Kerala Cadre.
4. Meanwhile, the applicant filed another M.A 180/458/2022 to receive further documents, wherein, he has submitted that his representation for review of annual ACRs from 10.06.2015 to 08.08.2016 had been considered by the State Government. The reporting authority and all other officials had recommended to upgrade his confidential report as 'outstanding' but the same has been rejected by the concerned authority vide Annexure A13 order dated 15.10.2021. It is submitted in the M.A that he had filed O.A 144 of 2022 before the Kerala Administrative Tribunal challenging the Annexure A13 order, as well as Annexure A14, which is the rejection letter issued by the Home Department to him dated 17.01.2022 informing him that his request for upgrading the ACR was rejected. It is also submitted that Kerala Administrative Tribunal by its order dated 13.06.2022, has allowed the O.A setting aside Annexure A13 and A14 and directing the 4 th 6 respondent (State of Kerala represented by Chief Secretary) to reconsider the matter. A copy of the order has been produced at Annexure A15 in the M.A 180/458/2022.
5. We have considered the above contentions. It is seen that the operative portion of the order passed by the Kerala Administrative Tribunal at Annexure A15 is as follows: ".......Accordingly this Tribunal is inclined to interfere in the matter in order to set aside the impugned decisions, and to direct the Government to take a fresh decision, with specific emphasis to the findings mentioned above. Resultantly, the above Original Applicant need to succeed.
Hence, the above Original Application is hereby allowed to the extent of setting aside Annexures A15 and A19 orders of the Government. The 1 st respondent is directed to reconsider the matter based on the request made by the applicant for up-gradation of his ACRs with respect to the periods from 10.06.2015 to 31.12.2015 and from 01.01.2016 to 08.08.2016 from 'good' to 'outstanding'. An appropriate decision shall be taken in the light of the entire facts and circumstances of the case and on the basis of the observations contained in this order, looking into the legal position remaining settled. Considering urgency of the matter in view of the fact that the Committee constituted by the UPSC will be considering the issue within a short period, a decision in this regard as directed above shall be taken by the Governnment at the earliest possible, after affording an opportunity of personal hearing to the applicant, at any rate, within a period of three weeks from the date of receipt of a copy of this order." 7
6. The developments as outlined above have a substantial impact on the reliefs that has been prayed for in this O.A as it is now for the State Government to act upon the orders of the Kerala Administrative Tribunal dated 13.06.2022 in their O.A. 144/2022. This is because the relief sought relates to the assessment by the respondent nos.2 & 3 (Selection Committee/UPSC), which is substantially based on the gradings and other entries in the ACRs of the applicant. Thus, it is not correct for this Tribunal to grant any relief sought for by the applicant without the necessary steps being taken by the respondent nos.4 & 5 (State Government/SPC) in relation to the orders passed by the Kerala Administrative Tribunal. Further, as has been seen, not only in this matter but in earlier cases including C.F.Robert vs. State of Kerala represented by the Chief Secretary to the Government of Kerala & Ors. in O.A 180/444/2021 in order dated 25.11.2021, where we have decided that the process of assessment by the UPSC on the basis of ACR received by them about the officers is something that the Tribunals will not normally interfere with. We thus limit our order in this matter to the expectation that the State Government will take a decision in relation to the plea of upgradation of ACR very soon as next meeting of the Selection Committee for selection of officials from the State Police Service to the Indian Police Service of the Kerala Cadre is slated to be held on 27.06.2022.
7. With these observations, the O.A is disposed of. No order as to costs.
(K.V. Eapen) (Ashish Kalia)
Administrative Member Judicial Member
bp
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List of Annexures
Annexure A1: True copy of relevant pages of the Annual Confidential Report of the applicant from 08.08.2016 till 31.05.2020.
Annexure A2: True copy of Matrix of the Selection Committee Meeting held on 24.06.2021 for preparation of the Select List of 2018 for promotion to IPS of Kerala Cadre.
Annexure A3: True copy of Confidential report of the applicant for the period from 10-06-2015 to 31-12-2015.
Annexure A4: True copy of letter dated 14-09-2021.
Annexure A5: True copy of letter dated 17-09-2021.
Annexure-A6: True copy of note No. 14/CAMP/ADGP(HQ/2021 dated 14.09.2021.
Annexure-A7: True copy of note No.14/CAMP/ADGP(HQ)2021 dated 30.11.2021. Annexure-A8: True copy of Letter dated 13-09-2021.
Annexure-A9: True copy of letter dated 10-06-2021 issued by the Appellate Authority to the Applicant.
Annexure-A10: True copy of proceedings No. G.10-14767/2016/TC dated 18.02.2016.
Annexure-A11: True copy of proceedings No. G.1-2423/2016/HHW-CSO dated 02.06.2016.
Annexure-A12: True copy of proceedings No. G.10-46193/2016/TC dated 01.07.2016.
Annexure A13: True copy of File No.Home-A2/283/2021-Home dated 15-10-2021 of the Chief Minister of Kerala received under the Right to Information Act vide covering letter No.Home-A2/344/2021-Home dated 21-10-2021. Annexure A14: True copy of Letter No.Home-A2/283/2021-Home dated 17-01- 2022 issued to the applicant.
Annexure A15: True copy of order dated 13th June 2022 passed by the Kerala Administrative Tribunal in O.A.No. 144 of 2022.
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