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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Ashwani Kumar Mishra – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition filed to expunge apar remarks. (Para 1) |
| 2. petitioner seeks to re-agitate earlier abandoned prayers. (Para 2 , 3 , 4) |
| 3. court's stance on re-agitating issues outside original jurisdiction. (Para 5 , 6) |
| 4. reproduced order underscoring petitioner's performance issues. (Para 7) |
| 5. reviewing authority acted within jurisdiction according to law. (Para 8 , 9) |
| 6. writ petition dismissed due to lack of merit. (Para 10) |
JUDGMENT
Manmohan, J. (Oral):--Present writ petition has been filed to expunge the adverse remarks recorded in the petitioner's Annual Performance Assessment Report (hereinafter referred to as `APAR') and to challenge the order dated 08th May, 2020 passed by respondent no.4 on the ground that it had been passed without jurisdiction. Petitioner has also sought a direction to respondent no.2 to issue the petitioner's Non Initiation Certificate [NIC] for the period commencing 01st April, 2016 to 17th December, 2017.
2. On 11th January, 2021, learned counsel for the petitioner had stated that he was not pressing prayers (b) and (c) of the writ petition i.e. to expunge the adverse remarks recorded in the petitioner's APAR as well as to challenge the orde
The reviewing authority had proper jurisdiction to assess performance, and the petitioner's claims regarding adverse remarks were found to lack merit, emphasizing settled law regarding jurisdiction l....
Court upheld the validity of adverse remarks in a public servant's ACR, establishing that judicial review does not extend to evaluating ACR assessments without evidence of arbitrariness or mala fides....
Service Law - Adverse remarks - Annual Performance Assessment Report - Representation against adverse remarks rejected in Rajasthan and New Delhi - Present Court doesn’t have territorial jurisdiction....
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 main legal point established in the judgment is the requirement for fairness and objectivity in preparing APARs, and the court's authority to expunge unjustified adverse remarks and direct a revi....
The court affirmed that APAR grades depend solely on current performance, and that prior commendations do not alter evaluations for subsequent periods.
The court emphasized the importance of allowing public servants to improve their performance based on ACR entries and highlighted the limited role of the court in reviewing ACR entries.
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