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2015 Supreme(Del) 3939
DELHI HIGH COURT
Pradeep Nandrajog, Pratibha Rani, JJ.
Narender Prakash Kohli - Appellant
Versus
UOI & Ors. - Resopndent
W.P.(C) 2968/2014
Decided On : 08-05-2015
For the Respondents:Mr. G.L. Bhati, Advocate with Mr. Arun Bhardwaj, Dy. Commandant/BSF.
The court emphasized the importance of reasoned decision-making in appraisal and promotion processes, and highlighted the need for objective facts to support adverse remarks in the ACR. The court also emphasized the principle of maintaining consistency in appraisal and grading over consecutive years.
Headnote:
Adverse Remarks - Appraisal of Petitioner - ACR for the period from 15.07.2008 to 31.03.2009 - The adverse remarks in the ACR for the year 2008-09 of the petitioner have been quashed by the court. The court directed the Director General BSF to pass a fresh reasoned order dealing with the contentions urged by the petitioner and decide afresh as to what grading has the petitioner to be awarded for the year in question. The court emphasized that the decision would be reasoned and would deal with the facts disclosed by the petitioner. The Director General BSF shall also keep in mind the preceding and the succeeding years recording of attributes of the petitioner and to be conscious of the fact that eyebrows should be raised if there is a sudden drop in appraisal in a particular period. Unless objective facts are disclosed to the contrary, the raised eyebrows would not drop. Since the adverse remarks in the ACR for the year 2008-09 has been quashed by the court, a review DPC be held as of the date when persons junior to the petitioner were promoted. Before that, the DG BSF would take a fresh decision regarding grading to be accorded to the petitioner for the year 2008-09. The needful shall be done by the DG BSF within 8 weeks from today. Review DPC shall be held within further 12 weeks thereof. If found suitable for promotion, the petitioner would be promoted notionally from the date the person immediately junior to him was promoted. All consequential benefits shall ensue except back wages, which the court denied on the principle that not having shouldered the responsibility of the higher post, the petitioner would not be entitled to wages thereof.
Fact of the Case:
The petitioner was appraised 'Average' with adverse remarks in the ACR for the period from 15.07.2008 to 31.03.2009. The petitioner challenged the adverse remarks and the grading, seeking a review DPC and promotion with consequential benefits.
Finding of the Court:
The adverse remarks in the ACR for the year 2008-09 of the petitioner have been quashed by the court. The court directed the Director General BSF to pass a fresh reasoned order dealing with the contentions urged by the petitioner and decide afresh as to what grading has the petitioner to be awarded for the year in question. The court emphasized that the decision would be reasoned and would deal with the facts disclosed by the petitioner. The Director General BSF shall also keep in mind the preceding and the succeeding years recording of attributes of the petitioner and to be conscious of the fact that eyebrows should be raised if there is a sudden drop in appraisal in a particular period. Unless objective facts are disclosed to the contrary, the raised eyebrows would not drop. Since the adverse remarks in the ACR for the year 2008-09 has been quashed by the court, a review DPC be held as of the date when persons junior to the petitioner were promoted. Before that, the DG BSF would take a fresh decision regarding grading to be accorded to the petitioner for the year 2008-09. The needful shall be done by the DG BSF within 8 weeks from today. Review DPC shall be held within further 12 weeks thereof. If found suitable for promotion, the petitioner would be promoted notionally from the date the person immediately junior to him was promoted. All consequential benefits shall ensue except back wages, which the court denied on the principle that not having shouldered the responsibility of the higher post, the petitioner would not be entitled to wages thereof.
Issues: Appraisal of the petitioner, adverse remarks in the ACR, grading, review DPC, promotion with consequential benefits
Ratio Decidendi: The court quashed the adverse remarks in the ACR for the year 2008-09 and directed the Director General BSF to pass a fresh reasoned order dealing with the contentions urged by the petitioner and decide afresh as to what grading has the petitioner to be awarded for the year in question. The court emphasized that the decision would be reasoned and would deal with the facts disclosed by the petitioner. The Director General BSF shall also keep in mind the preceding and the succeeding years recording of attributes of the petitioner and to be conscious of the fact that eyebrows should be raised if there is a sudden drop in appraisal in a particular period. Unless objective facts are disclosed to the contrary, the raised eyebrows would not drop. Since the adverse remarks in the ACR for the year 2008-09 has been quashed by the court, a review DPC be held as of the date when persons junior to the petitioner were promoted. Before that, the DG BSF would take a fresh decision regarding grading to be accorded to the petitioner for the year 2008-09. The needful shall be done by the DG BSF within 8 weeks from today. Review DPC shall be held within further 12 weeks thereof. If found suitable for promotion, the petitioner would be promoted notionally from the date the person immediately junior to him was promoted. All consequential benefits shall ensue except back wages, which the court denied on the principle that not having shouldered the responsibility of the higher post, the petitioner would not be entitled to wages thereof.
Pradeep Nandrajog, J.:--
1. The issue at hand concerns the appraisal of the petitioner for the period July 15, 2008 to March 31, 2009 in which he has been graded ‘Average’ and the adverse remark recorded therein.
2. The substance of the adverse remarks recorded in the ACR for the period in question was communicated to the petitioner on November 19, 2009 as under:-
“He is resistant to visit BOPs despite very road connectivity . . .
He was not found very amenable to advise & suggestions . . . He left large number personnel without conducting their annual medical . . .”
3. The petitioner submitted his response on December 24, 2009; and in respect of the remark that he resisted visits to Border Outposts, the response was as under:-
“Sir, I joined 37 Bn BSF on permanent posting from 2nd Bn BSF on 15.07.08. I after joining the unit carried out my duties with keen interest and utmost dedication to the best of my efforts. I took all responsibilities entrusted to me without any hesitation. I did my best in the interest of the force. I during my stay in the unit visited BOP on following dates till March 2009 to give medical cover to the Jawans on border.
DATES
NAME OF BOPS VISITED
NIGHT HALTS
(1)
(2)
(3)
4/8/08
Bop Chuhatia, PHC at bagdah and BOP Duttapulia
11 & 12/10/08
BOP Ranghat, SD Hospital Bongoun and Duttapulia
Duttapulia
15/10/08
BOP Uttarapara, Panchberia, Cobrabil, Mamabhagena, Polegacha, Masympur, Madhopur, Jeetpur, Ranghat, Teela, Singamora, Chuhatia, Pushtighata, Magarkona, Narayanpur, Shrihampur, Jhorpara
12 & 13/11/08
BOP Bonberia, Jhorpara, Shriramur Narayanpur, Pushtighata, Magarkona and Chohatia
Shrirampur
01 & 02/12/08
BOP Singamora, Ranghat, Madhopur, Jeetpur, Polegacha, Masympur, Mamabhagina, Gobrabil, Panchberia, Uttarpara and Duttapulia for establishment of mini hospital started from 2/12/08
Masympur
21 & 22/01/09
BOP Shriramur and mini hospital at Duttapulia
Duttapulia
14/3/09
Mini hospital Duttapulia, BOP Uttarpara, Pachberia, Gobrabile Masympur, Mamabhagina, Polegacha, Ranghat, Madhopur, Jeetpur, Tilla, Singamora, Chohatia, Narayanpur
I also remained away from the unit on following dates with variation by day or two as per memory for the purpose mentioned against each:-
| From | To | NOS. OF DAYS | PLACE OF VISIT | PURPOSE | |
| Aug 08 | 01 day | FTR HQ SB | Conference of Medical officers chaired by IG | ||
| 17 Aug | 07 Oct 08 | 51 days | Hazaribagh | Rotation of MO to SB Ftr on attachment | |
| 18 Oct | 30 Oct 08 | 13 days |
| E/Leave | |
| Nov 08 |
| 02 days | CH KOL | Continuous medical education programme | |
| 06 Dec | 21 Jan | 47 days |
| 30 days E/Leave Plus 15 days PL | |
| 26 Jan | 06 Feb | 09 days | In CH KOL | Recruitment | |
| 21 Feb | 27 Feb | 07 days | Bishnupur | Election duty | |
| 23 Mar | 31 Mar 09 | 09 days | Orissa & West Bengal. | Parliamentary Election duties. | |
In view of above, I submit that I have visited to BOPs at my own to give medical cover to the Jawans on border whenever I was free. I was on T/duty for 76 days, availed leave for 60 days stayed with unit for 121 days out of which I visited all BOPs at least once in a month and also made night halts at BOPs on Duttapulia (twice), Shrirampur and Masympur on 11/10/08, 21.01.09, 12/11/08, and 01/12/08 respectively. Besides this I have been detailed for various boards and other medical assignments at sector HQ Seemanagar from time to time.”
4. Regarding the remark that the petitioner was not found very amenable to advise and suggestions, he responded as under:-
“Sir, in this regard I humbly submit that, I had never been advised nor suggested of any kind, in connection with my profession by my superior during my
