The respondents were obligated to communicate to the petitioners all the APARs irrespective of whether they were adverse or not.

JUDGMENT

1. These two writ petitions assail the validity of an order dated 16 January 2018 in terms of which the representations made by the petitioners aggrieved by their non promotion to the post of Assistant Vice President and Deputy Vice President respectively have come to be rejected by the respondents. The petitioners who were working as the Divisional Manager and Project Leader (E-Governance) respectively in the respondent company had earlier approached this Court aggrieved by the denial of promotion by the respondents. That challenge formed subject matter of W.P.(C) 11050/2017 and W.P.(C) 11053/2017. The writ petitions were disposed of on 13 December 2017 permitting the petitioners to represent their case before the respondents who were commanded to duly examine the grievance as expressed and to dispose of the representations by means of a speaking order. It is pursuant to the aforesaid direction that the petitioners made the representations which have come to be rejected by the impugned order of 16 January 2018.

2. For the purposes of considering the challenge which stands raised, the following essential facts may be noticed. Manish Gupta was offered an appointment by the respondents on 07 June 2012 on the post of Divisional Manager. Paritosh Sharma was confirmed on the post of Project Leader (E Governance) on 20 September 2011. Manish Gupta was originally appointed on probation with effect from 14 June 2012. Insofar as the said writ petitioner is concerned, it appears that during the probationary period allegations came to be leveled that he remained absent from duty during the period 29 July to 30 October 2012. He is stated to have rejoined on 31 October 2012. In the meanwhile, and as per the procedure for verification as prevalent in the respondent company, a background check was undertaken with the said writ petitioner's erstwhile employer. The said employer is stated to have informed the respondent that the experience certificate as submitted by the petitioner was forged. On the said information being received, the petitioner Manish Gupta was called upon to furnish an explanation on 30 October 2012. Upon finding that the explanation as proffered was unsatisfactory, the said writ petitioner was transferred to the Corporate Office at Navi Mumbai with effect from 20 November 2012. The petitioner however remained on unauthorised leave from 9 November 2012. Taking the aforesaid facts into account, the services of the said petitioner came to be terminated on 14 December 2012. The petitioner thereafter made various representations praying for reinstatement. The request made was ultimately acceded to and the petitioner was permitted to join on 12 September 2013. The aforesaid joining was considered by the respondents as a fresh appointment.

3. Insofar as Paritosh Sharma is concerned, a Staff Conduct Chargesheet is stated to have been issued against him on 19 November 2013 for alleged misconduct. The said disciplinary proceedings were ultimately closed vide advisory letter dated 21 January 2014 based on the apology and assurance tendered by the said petitioner.

4. The Board of the respondents in its meeting of 23 September 2011 approved the eligibility criteria for promotion to the posts of Assistant Vice President and Deputy Vice President. The aforesaid policy measure is stated to have come into effect from 1 October 2011. The Board while prescribing the eligibility criteria for those promotions firstly set out the minimum years of service which all candidates would have to qualify in the feeder cadre. It further prescribed that the total marks for promotion would be 100 out of which 50 marks would be allocated for performance in an interview and the balance to be evaluated on the basis of seniority and performance appraisal reports. The Departmental Promotion Committee thereafter met on 26 March 2016 and conducted interviews of eligible candidates. 29 officers including Paritosh Sharma were interviewed on that date. The re