were
'below benchmark'. It is an admitted case of the parties that these two
'below benchmark' grading were not communicated ... formalised as under:-
a) That the non-communication of the below benchmark
grading in the ACRs is violative of the principles of natural
justice
unheeded. The Respondents communicated to the Applicant the ACRs with below benchmark grading by a letter dated 04.05.2010. The Applicant made two separate representations against ... below benchmark grading in the two ACRs on 16.05.2010 and 17.05.2010. These representations were rejected by the order dated 18.08.2010 by the Ministry of Defence
instructions contained in OM dated May 14, 2009, that below
benchmark grading is required to be communicated within 15 days of
recording of the same ... stated that the plea of
Mr. Bhardwaj that, if the below benchmark grading of APARs has not
been communicated to the employee, the same shall
rejecting Mr. Chopra‟s representations against
the adverse remarks and below benchmark grading in the Annual
Confidential Rolls („ACRs‟) for the years 2000-„01 till ... representations of Mr. Chopra against the adverse remarks and below
benchmark grading in his ACRs
Band-4 with Grade Pay of Rs.8700/- including the Applicants for promotion to SAG Grade in Pay Band-4 with Grade ... should be considered as adverse remark/grading. If the grading given to an officer is Good and the benchmark is Very Good (this
direction to the respondents to expunge adverse
eniries/below benchmark grading of all 3 ACRs from 3004 to 2008
which had not been communicated ... review
Departmental Screening Committee Meeting by informing of adverse
remarks / belaw benchmark grading from the above period as expunged
while considering him for grant
below the prescribed benchmark of 'Very Good' for promotion. The ACRs, in which the below benchmark gradings were recorded, pertained to the year ... basis of the above mentioned below benchmark grading in his ACRs, which had not been communicated to him. It has been stated by the Applicant
grading. The respondent, without giving any individual replies to the applicant and to other similarly situated Doctors in whose cases the grading was below benchmark ... ignore the below benchmark gradings and to take into consideration the gradings which are commensurate with the benchmark by constituting a review DPC to reconsider
been filed questioning the letter dated 10.06.2011 communicating the below benchmark gradings of ACRs for the period ... furnished the ACRs containing the below benchmark remarks after a substantial delay, the said below benchmark gradings should be ignored while considering his case
wherein it
has been held that ACRs with below benchmark
gradings should be communicated to the officer for
his representation. It is submitted that ... with the
consideration of the representation against the below
benchmark grading.
(iv) That apart the Tribunal has also erred in concluding
that the ratio
