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Item No.62 (Court - 5) O.A. No.1183/2023

53. In that view of the matter, the impugned orders of the CAT dated 9th January, 2012 in OA No.2493/2011, No.2493/2011, and 5th October, 2012 in RA No.61/2012 are hereby set aside. The recommendations of the DPC dated 28th January, 2011 are also set aside. The Respondents are directed to hold a Review DPC, in accordance with law, within a period of 8 weeks to consider the Petitioner for promotion first to the T T-5 grade and thereafter to T-6 T 6 by ignoring such of those ACRs containing the below benchmark grading which were not communicated and which, therefore could not have been taken into account while considering him for ppromotion in light of the legal position explained in Abhijit Ghosh Dastidar v. Union of India (supra).

2. From the above it may be seen that the ACR grading for the year 2006 2007 is "Average" which is Below the Benchmark grading of "Good".

2006-2007 Since this ACRs was reckoned for financial upgradation by the DPC, the Below Benchmark grading for the year mentioned above has been communicated to her on 30.05.2013 (Annexure (Annexure- R/1) in order to give her an opportunity to represent against the Below Benchmark grading under DoPT instructions vide OM dated 13.04.2010 (Annexure (Annexure- R/2). As per instruction issued by DOPT vide O.M. dated 13.04.2010, it is stipulatedthat prior to the reporting period 2008-09, 2008 09, only the adverse remarks in the ACRs had to be communicated to the concerned officer for representation, if any to be considered by the competent authority.

3. The question of treating the grading in the ACR which is below the benchmark for next promotion has been considered in DOPT and it has been decided that if an employee is to be considered for promotion in a future DPC and his ACR prior to the period 2008 2008-09 which would be reckonable for assessment of his fitness in such future DPCs contain final grading which are below the benchmark for his next promotion, before such ACR are placed before the DPC, the concerned employee will be given a copy of the relevant relevant ACR for his representation, if any, within 15 days of such communication. It may be noted that only below benchmark ACR for the period relevant to promotion need be sent."

Item No.62 (Court - 5) O.A. No.1183/2023 3.1. Counsel for the respondents does not dispute the fact that the adverse entries of APARs were communicated to the applicant on 30.05.2013 in order to give the applicant an opportunity to represent against the Below Benchmark grading under DoPT instructions vide OM dated 13.04.2010.