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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Krishan Kumar Agarwal – Appellant
Versus
Director (HR) Bharat Sanchar Nigam Limited – Respondent
| Table of Content |
|---|
| 1. petition challenges cat decision regarding apar. (Para 1 , 2 , 3 , 4) |
| 2. petitioner contends grading is arbitrary. (Para 5 , 8) |
| 3. court finds apar process robust and fair. (Para 6 , 9) |
| 4. no grounds for court interference established. (Para 10) |
| 5. petition is dismissed. (Para 11) |
JUDGMENT
Amit Bansal, J. (Oral)--The present Writ Petition impugns the order dated 18ththth 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 26 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 14 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 e
In evaluating administrative assessments, courts will not interfere unless demonstrated that the processes used lack basis or proper application of mind.
The finality of the order passed by the Competent Authority in the context of APARs.
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 court upheld the administrative body's discretion in performance assessment despite absence of direct observation, emphasizing the need for timely self-appraisal submissions.
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.
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