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2024 Supreme(SC) 209

VIKRAM NATH, SATISH CHANDRA SHARMA
State Of Haryana – Appellant
Versus
Ashok Khemka – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mukul Rohtagi, Sr. Adv. Mr. Lokesh Sinhal, Sr. A.A.G. Mr. Alok Sangwan, Sr. A.A.G. Dr. Hemant Gupta, A.A.G. Mr. Samar Vijay Singh, AOR Mr. Nikunj Gupta, Adv. Mr. Sumit Kumar Sharma, Adv. Mr. Rajat Sangwan, Adv. Mr. Vaibhav Yadav, Adv. Mr. Shivang Jain, Adv. Ms. Payal Gupta, Adv. Ms. Nitikaa Guptha, Adv. Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv. Mr. Fateh Singh, Adv.
For the Respondent(s): Mr. Shreenath A. Khemka, Adv. Mr. Ganesh A. Khemka, Adv. Mr. Ambhoj Kumar Sinha, AOR

JUDGMENT :

(Satish Chandra Sharma, J.) :

Introduction1[NOTE: For ease of reference any capitalised terms used but not defined hereinafter, shall have the meaning ascribed to such term under the All-India Services (Performance Appraisal Report) Rules, 2007.]

1. Leave granted.

2. The present appeal preferred by the State of Haryana seeks to assail the correctness of an order dated 18.03.2019 passed by the High Court of Punjab and Haryana (the “High Court”) in a writ petition bearing number CWP 317 of 2019 (O&M) wherein the High Court set aside an order dated 03.12.2018 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (the “CAT”) and, accordingly (i) expunged the opinion of the Accepting Authority; and (ii) restored (a) the opinion of the Reviewing Authority; and (b) the grade awarded by the Reviewing Authority i.e., 9.92 qua Respondent No. 1’s performance appraisal report under the provisions of the All India Services (Performance Appraisal Report) Rules, 2007 (the “PAR Rules”) (the “Impugned Order”).

Factual Matrix

3. On 07.06.2017, Respondent No. 1 i.e., an Indian Administrative Services (“IAS”) Officer belonging to the batch of 1991 and presently holding the

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