The '360 Degree Appraisal' system, including the use of Multi Source Feedback (MSF) and expert panels, is a valid method for assessing the suitability of officers for empanelment, and it does not violate existing official memoranda and rules.

ORDER :

V.LAKSHMINARAYANAN, J.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of writ or order by calling for the records of the 2nd respondent viz., the Central Administrative Tribunal, Chennai Bench in its OA 1599 of 2018 dated 08.07.2021 upholding the “360 Degree Appraisal System introduced by the 1st respondent in the form of an unofficial note No.nil dated nil and quash the same and declare the “360 Degree Appraisal” system ab initio illegal and void and violative of principles of natural justice and consequently direct the 1st respondent to empanel the petitioner as Additional Secretary to Government of India with effect from 19.07.2018 i.e., the date on which the IAS Batch of 1989 was considered for empanelment, also direct the 1st respondent to empanel the petitioner as Secretary to GOI from the date on which his other batch mates have been empanelled.

This writ petition has been filed by an IAS Officer belonging to the 1989 batch of the Tamil Nadu cadre. He was empanelled as Joint Secretary in the Government of India along with his batch mates in 2012. When it came to the empanelment as an Additional Secretary, the Respondent excluded his name. Hence the Petitioner made several representations and also sought for information under the Right To Information Act, 2005 as to why his name was excluded in the Panel List.

2. The Petitioner did not receive any reply from the Respondents and hence made enquiries. It has come to his notice on account of a new procedure termed as “360 Degree Appraisal” system introduced by the 1st Respondent his name was excluded in the Panel List for the Post of Additional Secretary. According to him, this appraisal is opaque and arbitrary hence, he filed an O.A.No.1599 of 2018 before the Central Administrative Tribunal at Chennai. In the O.A. he sought for the following relief at page 106 which reads as follows:-

The applicant in the OA has sought for the following reliefs:-

“Declaring the “360 Degree Appraisal” system ab initio illegal and void and violative of the principles of natural justice and consequently issue directions to the Respondent for empaneling the applicant as Additional Secretary to GOI w.e.f. 19/07/2018 i.e., the date on which the IAS batch of 1989 was considered for empanelment”.

3. The Respondents filed counter defending the 360 Degree Appraisal.

4. After hearing both sides, the Central Administrative Tribunal dismissed the Original Application. Aggrieved by the same, the petitioner has approached this Court.

5. According to the Mr.V.Vijaya Shankar, Learned Counsel appearing for the Petitioner, the following points arise for consideration:-

(i). That as per the Office Memorandum in 36/77/94-EO (SM-I) Government of India and the Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training dated 05.01.1996 the Selection for empanelment is a list prepared by the Cabinet Secretary. This list is submitted to the cabinet committee on appointments. According to the 1996 scheme, the Cabinet Secretary is assisted by the Special Committee of Secretaries (SCOS). The empanelment is on the basis of several objective criteria, merit leadership qualities and record of participating in policy making process. Under the new scheme, under the guise of "holistic" approach an expert body has been created who relies namely on Multi Source Feedback (MSF) an expert body consultation, Officers, Seniors. The MSF is stressed out by consulting seniors, peers, juniors, external stakeholders and serving secretaries. He would take us in detail to the guidelines for expert panel for evaluation of Officers for empanlement Additional Secretary/Secretary, which has been issued pursuant to the 360 degree Appraisal Report.

6. According to him, the Official Memorandum issued on 05.01.1996 holds the field and the impugned guidelines are in derogation o