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1 - 6 of 6 (0.40 seconds)U.P. Jal Nigam & Others vs Prabhat Chandra Jain & Others on 31 January, 1996
It has been held in case titled as 'State of U.P. vs. Yamuna Shankar
Misra' reported in 1997 (4) SCC 7 and in case titled as 'U.P. Jal
Nigam vs. Prabhat Chandra Jain' reported in 1996 (2) SCC 363 that
if graded entry in an APAR of an employee is going a step down like
falling from „Very Good‟ to „Good‟ and though that may ordinarily be
not an adverse entry since both being a positive grading, yet law
enjoins upon the authorities Reviewing/Accepting APAR‟s in such a
situation are bound to record reasons for such downgrading and also to
inform the employee of the change.
State Of U.P vs Yamuna Shanker Misra & Anr on 21 February, 1997
It has been held in case titled as 'State of U.P. vs. Yamuna Shankar
Misra' reported in 1997 (4) SCC 7 and in case titled as 'U.P. Jal
Nigam vs. Prabhat Chandra Jain' reported in 1996 (2) SCC 363 that
if graded entry in an APAR of an employee is going a step down like
falling from „Very Good‟ to „Good‟ and though that may ordinarily be
not an adverse entry since both being a positive grading, yet law
enjoins upon the authorities Reviewing/Accepting APAR‟s in such a
situation are bound to record reasons for such downgrading and also to
inform the employee of the change.
Dev Dutt vs Union Of India & Ors on 12 May, 2008
If, despite being given such an opportunity, the officer fails
to perform the duty, correct is conduct or improve himself, necessarily
the same may be recorded in the confidential reports and a copy
thereof supplied to the affected officer so that he will have an
opportunity to know the remarks made against him. If he feels
aggrieved, it would be open to him to have it corrected by appropriate
representation to the higher authorities or any appropriate judicial
forum for redressal. Thereby, honesty, integrity, good conduct and
efficiency get improved in the performance of public duties and
standards of excellence in services constantly rises to higher levels
and it becomes successful tool to manage. The Apex Court in Dev Dutt
v. Union of India (2008) 8 SCC 725 held that whether an entry is
adverse or not, depends upon its actual impact on the employee's
career and not on its terminology. Even a "good" entry can be adverse
in the context of eligibility for promotion. In the present case, the
entry i.e. "good" in the APAR of the petitioner will be adverse
inasmuch as the benchmark for promotion to the post of Additional
Director General is "very good'. All the gradings whether "very
good", "good", "average", "fair" and "poor" required to be
communicated to the employee working in Govt. offices and statutory
bodies.
Rahul Kumar Rajak vs Nikita Sonwani 75 Wp227/396/2019 Uttam ... on 14 May, 2019
That the Hon'ble High Court of Delhi in Insp/GD Krishna Rajak Vs
Union of India [WP(C) 5288/2012] has held that it is not possible that
a person who has been consistently graded as 'Outstanding' for so
many years in the past 11 years suddenly downgraded to „Good‟ - a
below benchmark grade; that too without any reasoning/ justification.
S. Ramachandra Raju vs State Of Orissa on 31 August, 1994
7. Before proceeding further in the matter, a reference to the position of
law pertaining to writing of the APR of employees would be relevant.
The consistent view of the Apex Court has been in the series of
judgments including in case titled as 'S. Ramachandra Raju vs. State
of Orissa' reported in 1994(3) SCC 424 that the writing an APR has to
be objectively, fairly and dispassionately in a constructive manner, in
that, in certain services the career prospects of the officer/employee
largely depends upon the work and character assessment made by the
Reporting Officer and in the event the APR‟s are not written
constructively by adopting fair, objective, dispassionate, the prospects
and career of such an officer/employee would be put to great jeopardy.
It has also been held that the writing of APRs objectively and
constructively would pave a way for an erring officer/employee to
improve the efficiency in the service.
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