wherein she had been graded 'Good', a grade
which was below the prescribed benchmark of 'Very Good'. Since there
were vacancies ... concerned for his response.
Opining that the effect of a below benchmark grading was prejudicial to
the interest of the appraise, inasmuch as right
periods in
question which were below benchmark have been directed to be ignored
because below benchmark ACR gradings were never conveyed to the
respondent ... concerned for his response.
Opining that the effect of a below benchmark grading was prejudicial to the
interest of the appraise, inasmuch as right
that the benchmark was 3
'Very Good' and the respondent would not meet the benchmark as per the
ACR gradings above ... given by this
Tribunal to ignore the ACR, in which below benchmark grading
had been given, because both the reporting and reviewing
officers had retired
Dutt v. UOI & Others, if below benchmark ACR grading were not
WP(C)s No.7724/2010 & 209/2011 Page ... candidate, prejudice would be caused if at a DPC the below
benchmark ACR grading is considered. It was noted by the Tribunal that
dated December 21, 2009
the Tribunal noted that the said below benchmark ACR grading had yet to
be communicated to the petitioner ... years. The second
was that while giving the below benchmark grading there was lack of
objective analysis; and lastly no warnings were issued
Good‟ in the preceding 5 years
ACRs and that the gradings awarded were below benchmark,
noting the decision of the Supreme Court reported ... SCALE 403, directions have been
issued by the Tribunal that below benchmark ACR gradings be
conveyed to the respondent who would be at liberty
spite of aforesaid record and the below benchmark ACR
gradings, which admittedly were never conveyed to the respondent for his
response, the Tribunal has directed ... appraisee.
But the law was to provide the appraisee the below benchmark gradings
to enable the apraisee to make a representation.
15. Thus, the direction
prescribed benchmark
which was 'Very Good'. The grievance of the petitioner before the
Tribunal was that below benchmark ACR grades were never
communicated ... achieving the
benchmark when the DPC met on 01.07.2003. The petitioner
would submit a representation against the below benchmark ACR
gradings. The same shall
been granted an opportunity to respond to the below
benchmark gradings i.e. 'Average' gradings for the 3 years ... petitioner has been afforded an opportunity to
respond to the below benchmark ACR gradings and the
W.P.(C) No.7613/2010 Page
grade should
be "Very Good". However, officers who are graded as
outstanding would rank en block senior to those who are
graded ... promotion.
(iv) Where sufficient number of officers with the
required benchmark grade are not available within the
zone of consideration, officers with the required
benchmark
