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Union Of India & Anr vs Major Bahadur Singh on 22 November, 2005

38. We, however, make it clear that the above directions will not apply to military officers because the position for them is different as clarified by this Court in Union of India v. Major Bahadur Singh [(2006) 1 SCC 368 : 2006 SCC (L&S) 959] . But they will apply to employees of statutory authorities, public sector corporations and other instrumentalities of the State (in addition to government servants)."
Supreme Court of India Cites 2 - Cited by 275 - A Pasayat - Full Document

Sanjay Kumar Singh vs Union Of India & Ors on 6 September, 2011

8. Learned senior counsel further submitted that considering the unblemished track record of the petitioner of over 30 years, wherein he has rendered exemplary service and has received several accolades and awards, as also the previous 3 CRs wherein he has been graded „Outstanding‟, it is evident that the impugned CR-5 is inconsistent with the overall performance of the petitioner as the petitioner‟s performance deserves to be rated „Outstanding‟, especially when the petitioner has always received a laudatory pen picture and his work and performance has been appreciated by his Seniors. He, then, relying upon the judgment dated 11.10.2011 passed by the AFT, Principal Bench, New Delhi in O.A. 13/2010 titled Col. Sanjay Kumar v. Union of India and judgment dated 19.08.2013 passed by the AFT, Kolkata Bench in O.A. 98/2012 titled Col.
Supreme Court of India Cites 2 - Cited by 78 - M Sharma - Full Document

State Of U.P vs Yamuna Shanker Misra & Anr on 21 February, 1997

9. Learned senior counsel, thence relying upon the judgment in State of U.P. v. Yamuna Shanker Misra (1997) 4 SCC 7, submitted that the officer entrusted with the task of writing CR is required to do the same objectively and fairly and the CR-5 in the present case shows that since the IO, RO as also the SRO have failed to justify the reasons for downgrading the petitioner, they have acted in an unfair manner. This W.P.(C) 15167/2023 Page 5 of 15 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:13.03.2024 14:58:43 shows that CR-5 has been arbitrarily made and thus is liable to be set aside. He also submitted that despite observing that CR-5 was a deflated CR which meant that it is downgraded and inconsistent, the learned AFT failed to set aside the same.
Supreme Court of India Cites 8 - Cited by 247 - Full Document

Jacob Puliyel vs Union Of India & Ors. on 14 October, 2015

20. The grading/ assessing of CR-5 of the petitioner herein is a result of a policy decision taken by the respondents after they have devised specific procedure/ mechanism after due deliberation. The CR-5 involved the due application of mind by not one, but as many as three officials being first the IO, then the RO and finally the SRO and that too at three different stages. Thus, there is no scope of overlap or connection inter se them. Needless to mention, each of the IO, the RO and the SRO are specialised experts in their respective fields. In view thereof, this Court is W.P.(C) 15167/2023 Page 9 of 15 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:13.03.2024 14:58:43 neither inclined to meddle nor dwell upon the correctness of the CR-5 of the petitioner. Even otherwise, as per settled law, this Court ought not to generally interfere where such factors are involved. This Court is fortified by Jacob Puliyel v. Union of India and Ors., 2022 SCC OnLine SC 533 wherein the Hon‟ble Supreme Court has held as under:
Delhi High Court Cites 2 - Cited by 11 - J Nath - Full Document
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