A judicial body should not interfere with performance appraisals recorded by reporting/reviewing authorities unless the assessment is perverse, violates prescribed administrative guidelines, or fails to satisfy the requirements of natural justice.

O R D E R.

Per: Mr. Anindo Majumdar, Administrative Member.

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-

“a) To set aside and quash impugned Speaking Order dated 17.06.2022 as communicated vide letter No. O.A 350/2098/2021 dated 17.06.2022 issued by the Sr. DEE/TRD, Eastern Railway, Sealdah.

b) To direct the respondents to expunge the adverse remarks and grading of 'AVERAGE' recorded in the ACR/APAR of the applicant for the period from 2019-2020 and grant all consequential benefit to the applicant including bench mark grading of 'VERY GOOD’ or ‘OUTSTANDING’.

c) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

Facts of the case

2. Shri Santosh Kumar Das, (the applicant herein), is an employee of Eastern Railway. The applicant is aggrieved with the assessment of his performance made in his APAR/ACR for the period 2019–2020, while he was working as SSE (TRD), PSI, NKG(IC). He had filed an Original Application being O.A./350/2098/2021, which was disposed of by this Tribunal vide order dated 23/02/2022 (Annexure-A/4) whereby the applicant was granted an opportunity of preferring a further representation with regard to his ACR/APAR for the year 2019–2020 and on receipt of the same, the respondents were directed take a decision in accordance with law and in the light of Master Circular No. 28 dated 17/06/1991 of the Railway Board.

3. Pursuant to this order of this Tribunal, the applicant had preferred a representation vide his letter dated 07/04/2022, addressed to the Senior Divisional Electrical Engineer/TRD, Eastern Railway, Sealdah seeking review of the remarks and entries recorded in his APAR/ACR for the year 2019–2020. Thereafter, the Senior Divisional Electrical Engineer/TRD, Eastern Railway, Sealdah had passed an order dated 17/06/2022 whereby he had rejected the prayer of the applicant. Aggrieved by the rejection of his prayer, the applicant has filed this Original Application seeking the relief(s) mentioned at Para 1 above.

Hearing

4. Heard Learned Counsel for both the parties and have considered the material on record.

5. At hearing, the submissions made by Ld. Counsel for the applicant are summarized below:-

5.1 The reporting authority of the applicant had recorded his assessment of the performance of the applicant in his APAR/ACR for the year 2019-2020 in a very casual manner and without any sense of responsibility and that this was a violation of the instructions contained in the Master Circular No 28 of the Railway Board particularly Para’s 2, 5.5, 6.3, 8, 8.1 of the said circular.

5.2 A minor penalty imposed upon the applicant in a Disciplinary Proceeding initiated against him was challenged by the applicant in O.A./350/2099/2021 and this Tribunal had vide its order dated 30/03/2023, quashed and set aside the minor penalty imposed upon him.

5.3 A major penalty proceeding initiated against the applicant vide memorandum dated 17.06.2022 was also dropped since the charges framed against him could not be established.

5.4 The reporting authority of the applicant ought not to have assessed his performance for the year 2019–2020 on the basis of these disciplinary proceedings.

6. At hearing, the submissions made by Ld. Counsel for the respondents are summarized below:-

6.1 In compliance with the order of this Tribunal dated 23/02/2022, in O.A./350/2098/2021, the Senior Divisional Electrical Engineer/TRD, Eastern Railway