2010 Supreme(Del) 655
IN THE HIGH COURT OF DELHI
PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MOOL CHAND GARG
UNION OF INDIA & ORS. …Petitioners
Versus
RAJEEV BHARGAVA …Respondent
WP(C) 5859/2010
Decided on: 8th October, 2010
Mr.Parag Tripathi, ASG with Mr.V.S.R.Krishna and Mr.Shadan Farasat, Advocates
Mr.J.L.Gupta, Sr.Advocate with Mr. Nidesh Gupta, Sr.Advocate and Mr. Tarun Gupta, Advocate
Headnote:Service Law---Appointment---Representation against ACR grading ‘good’---By not communicating grading to respondent to enable him to file representation there against, corrective action ought to be directed by Tribunal--- Matter to be considered afresh by Review Screening Committee --- Petitions disposed of.. [Paras 11, 18, 23 to 27, 33, 34, 40, 44, 49 to 61]
1. Having an outstanding academic career; topping the Engineering Examination conducted by the Roorkee Engineering College (now IIT Roorkee) and having stood first at the All India Engineering Service Examination conducted by UPSC, Rajeev Bhargava joined Indian Railway Service of Civil Engineering and after completion of training joined duties and in the very first year of his regular service, as per the first ACR written and agreed to by the Accepting Authority, earned the grading „Very Good? with a further note by the Reporting Authority: „A young energetic and sincere engineer who has acquainted himself very well in the management of his office and field work. He will prove an asset to the department.’
2. Whether the prophecy of Shri P.N.Mehta the then Senior Divisional Engineer, Northern Railway and the author of the note aforenoted has come true? This is the further journey we are required to charter; not as voyagers but as captains with the mandate to re-charter the journey. We say so for the reason we have to reflect back in the past and peep into the personal file of Rajeev Bhargava.
3. The prophecy of Shri P.N.Mehta stood the test of time and came true till the assessment year 2002-03. Commencing the journey in the year 1979-80 and till the year 2002-03, the ACR grading of Rajeev Bhargava stands tabulated as under:-
Sl. No. Assessment year Grading
1 1979-80 Very Good
2 1980-81 Very Good
3 1981-82 Very Good
4 1982-83 Very Good
5 1983-84 Outstanding
6 1984-85 Very Good
7 1985-86 Outstanding
8 1986-87 Outstanding
9 1987-88 Outstanding
10 1988-89 Outstanding
11 1989-90 Outstanding
12 1990-91 Outstanding
13 1991-92 Outstanding
14 1992-93 Outstanding
15 1993-94 Outstanding
16 1994-95 Outstanding
17 1995-96 Outstanding
18 1996-97 Outstanding
19 1997-98 Outstanding
20 1998-99 Outstanding
21 1999-2000 Outstanding
22 2000-2001 Very Good
23 2001-2002 Outstanding
24 2002-2003 Outstanding
He earned promotions at the very first instance when he became eligible and never had a hic-up.
4. The turbulence came in the year 2003-04. Record shows that for the said year the ACR was written in three parts on account of the fact that Rajeev Bhargava had to work under three different officers who initiated the recording of the ACR for the period they worked as the immediate superior officer of Rajeev Bhargava. The three periods are: 01.04.2003 -07.08.2003 for which Rajeev Bhargava was graded „Outstanding?. Part II comprise the period 08.08.03 - 05.11.03 when he was graded „Good?. Part III is the remainder period from 06.11.03 - 31.03.04 for which when he was graded „Very Good?, but with a negative comment by the Reviewing Authority who wrote that though a person with a very high technical knowledge, Rajeev Bhargava was a stubborn and an obstinate person having quarrelsome nature; and was unfit as a team leader. Further it was written that to further his ambition Rajeev Bhargava would hob-knob with politicians. To put it in a tabular form, the ACR grading for the year 2003-04 would be as under:-
Sl. No. Period Grading
1 01.04.03 -07.08.03 Outstanding
2 08.08.03 -05.11.03 Good
3 06.11.03 -31.03.04 Very Good
5. ACR for the next year i.e. the year 2004-05 is in two parts. Part I being the period 01.04.04 – 18.10.04 for which Rajeev Bhargava is graded „Very Good?. Part II is the balance period from 27.10.04 till 31.03.05 when Rajeev Bhargava is graded „Outstanding?. To put it in a tabular form, for the year 2004-05 the ACR gradings would be as under:-
Sl. No. Period Grading
1 01.04.04 – 18.10.04 Very Good
2 27.10.04 – 31.03.05 Outstanding
6. ACR for the next year i.e. the year 2005-06 is in two parts and for both, Rajeev Bhargava is graded „Outstanding?. To put it in a tabular form the ACR grading would be as under:-
Sl. No. Period Grading
1 01.04.05 – 31.03.06 Outstanding
7. ACR for the next year i.e. the year 2006-07 is again in two parts. For the