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RAJIV SAHAI ENDLAW, AMIT BANSAL
Krishan Kumar Agarwal – Appellant
Versus
Director (hr) Bharat Sanchar Nigam Limited And Ors – Respondent
JUDGMENT
Amit Bansal, J. - The present Writ Petition impugns the order dated 18th November, 2019 passed by Central Administrative Tribunal (CAT), Principal Bench, New Delhi. Vide the said impugned order, the CAT has dismissed OA No.3337/2017 filed by the petitioner wherein the petitioner had sought setting aside of order/memo dated 26th February, 2017 passed by the respondents; the expunging of adverse remarks/comments given in his Annual Performance Appraisal Report (APAR) for the period of 2012-13 and setting aside the letter dated 14th July, 2017 by which the respondents have rejected the appeal of the petitioner on the point of maintainability.
2. The brief facts relevant for deciding the present petition are set out hereinafter.
3. The petitioner joined the Department of Telecommunications as Assistant Divisional Engineer Telephones in the year 1999. Thereafter, he became an employee of BSNL, respondent no.1. He was promoted to the post of Divisional Engineer Telephones in the year 2003; Director in the year 2008 and Deputy General Manager (DGM) in the year 2011. The petitioner was posted as DGM, Tezpur on 28.06.2011.
4. On 19th July, 2013, the petitioner was communicated the APAR
The finality of the order passed by the Competent Authority in the context of APARs.
In evaluating administrative assessments, courts will not interfere unless demonstrated that the processes used lack basis or proper application of mind.
The central legal point established in the judgment is the violation of the principle of natural justice and audi alteram partem in recording adverse remarks in the APAR, emphasizing the importance o....
The assessment of an employee's performance should be based on periodic evaluations and should not be unduly influenced by past assessments or disciplinary proceedings.
The court upheld the administrative body's discretion in performance assessment despite absence of direct observation, emphasizing the need for timely self-appraisal submissions.
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