09-01-2026

ct no. 10

Sl. 22

RP

WPA 22941 of 2025

Manojit Mondal

-Versus-

Bureau of Indian & Ors.

Mr. Sagar Bandhyopadhyay, Mr. Viswajit Neogi Dasgupta,

Ms. Silpi Ghosh

…for the Petitioner

Mr. Bidhayak Lahiri, Mr. Bibhu Adhikary, Mr. Bhaswati Lahiri

…for the respondent nos. 1 to 5.

1. Heard the parties represented through their

learned counsel

2. Affidavit-of-service filed by the petitioner be

kept on record. Supplementary affidavit filed by the petitioner in Court today be kept in record and the same has been served upon the

respondent.

3. The petitioner in the said writ petition has

challenged inter alia, the order dated 07.08.2025 passed by the respondent no. 3 wherein the respondent has retained the final grading of the petitioner in the Annual Performance Appraisal Report (hereinafter referred to APAR for the sake of brevity and

convenience) for the period of 2023-24.

4. Apropo the facts of the case, the petitioner is

an employee of the respondent No. 1 who

joined his service on 01.05.2012 in the post of one of the assistant director of respondent no. 1 belonging to scale of scientist B category. Thereafter the petitioner was upgraded by way of promotion to the category - D.

5. The learned counsel for the petitioner submits that all along the petitioner maintained an unblemished record. The final grading was found to be good and excellent.

6. It is the case of the petitioner that due to raising voice against malpractices of the superior officer in the department, the petitioner was victimized by way of down grading the bench mark in the APAR for six months that is for the period 01.04.2023 to 27.10.2023 based upon a secret note of the integrity of the petitioner.

7. The petitioner submits that the secret note was never communicated to the petitioner for refuting the same.

8. The petitioner drives the attention of this court to a table mentioned in the supplementary affidavit filed by the petitioner to demonstrate that:

Serial Period Final Grading No.

1. 01.07.2021 to 11.03.2022 6.6 2. 01.04.2022 to 27.01.2023 7.5 3. 01.04.2023 to 27.10.2023 5.0

9. The final grading for the six months i.e.

01.04.2023 to 27.10.2023 is 5 whereas from 30.10.2023 to 31.10.2024 is 7.5 for the same period in question i.e. 2023-2024.

10. The petitioner asserts by saying that the Reporting Officer being the competent authority denied to give any opportunity to refute the charges as laid down in the secret report.

11. Thereafter the petitioner submits that a representation was subsequently made before the authority concerned on 14th December, 2024 in terms of the office memorandum dated 14th May, 2009 requesting inter alia, to consider the earlier representation pertaining to down grading of the bench mark for the period 01.04.2023 to 27.10.2023. In this context the petitioner relies upon the Judgment of the Hon’ble Apex Court in the case of Union of India and Ors. vs. G.R. Meghwal reported in 2022 SCC Online SC

1291 which is reproduced below:

“30. Therefore, in view of the above and in the facts and circumstances of the case and considering the fact that though the respondent was graded as "Very Good" in the ACRS for the years 2005-2006 and 2006-2007 and was graded only "Good" in the ACR for the year 2007-2008 by the very same reporting and reviewing officer, despite the fact that specifically the respondent was given the opportunity against the ACR for the year 2007-2008. However, no valid reasons are given for rejecting the representation, we are of the opinion that in view of the aforesaid facts and circumstances, the learned Tribunal and the High Court have not committed any error in directin