Review DPC may change grading based on ACR entries with recorded reasons; courts cannot substitute expert assessment absent mala fides or illegality.

O R D E R

By Hon’ble Dr. Anand S. Khati, Member (A)

1.The present O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):-

“(a) It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to order Directly for Promotion of the Applicant to the post of the Assistant Commissioner of Income Tax for the vacancy year 2001-02 with all the consequential promotions on the further higher posts notionally w.e.f. 07.11.2001 alongwith entire monetary benefits till the date of Retirement i.e. upto 31.03.2012 as arrears of the pay and allowances and further more, the monetary benefits in Pension's arrears and increments etc. as per laws and rules. This relief is sought in the light of the law contained in the statutory Rule 18.3, a sub rule of the statutory Rule 18 of The guidelines dated 10.4.1989 for DPCs which have been annexed with this O.A. As its Annexure No. A-5 and also in the light of the law established by the co- ordinet Bench of this Hon'ble Court in the O.A. No. 640/2009, which was approved by the Hon'ble High Court of Delhi also on 17.03.2010 in the Writ WP(C) No. 1829/2010 titled as Union of India vs. B.P. Sinha & Anr. and also, as per the Law established by the Hon'ble Supreme Court in the case of "N.A. Khan vs. Union of India & Ors." on 31.03.2009 Or otherwise This Hon'ble Court may kindly order the Respondents to promote me notionally as the Assistant Commissioner of Income Tax (i.e. ACIT in short) for the vacancy year or panel year 2001-02 by restoring my grading as “Very Good”, which was awarded by the original DPC held on 3rd to 6th October 2001, for the vacancy/panel year 2002-02, with all the consequential benefits i.e. promotional and monetary.

(b) The Respondents may kindly be ordered to pay all the consequential monetary/financial benefits i.e. the arrears of the Pay and allowances with arrears w.e.f. 07.11.2001 i.e. w.e.f. vacancy year 2001-02. This relief may kindly be treated as the part and parcel of the Relief which is mentioned in the above noted serial no (a).

(c) And thus allow the present OA in toto in favour of the Applicant and quash and set aside the order dated 29.10.2020 passed by the Review DPC dated 29.10.2020/Union of India for the vacancy year/panel year of 2001-02, because they i.e. the review DPC dated 29.10.2020 had downgraded my grading for the vacancy year 2001-02 totally unlawfully by transgressing the instructions or guidelines, which were required to be followed by the Government itself certainly and positively.

(d) Pass any such others orders as the Court may deem fit in the light of above mentioned law, facts and circumstances of the case.”

2. The brief facts of the case as narrated by the applicant, who appeared in person, are that:

2.1 The applicant earlier approached this Tribunal by filing O.A. No. 2218/2013, which was allowed vide Order dated 17.12.2015 with the following directions:- “We, therefore, allow the instant OA and direct the respondents to convene another review DPC whereby the case of the applicant for promotion to the post of ITO for 1992 be considered as if there were no offending ACRs for the years 1985-86 and 1986-87 having been deleted from the date they were recorded and the same cannot treated to be deleted from the date of the order of deletion. The respondents are further directed to complete the exercise, as ordained above, within a period of three months from the date of production of certified copy of this order.”

2.2 When the aforesaid Order was not implemented, the applicant filed CP No.509/2016. During pendency of the same, the re