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CENTRAL ADMINISTRATIVE TRIBUNAL
Harvinder Kaur Oberoi, Member (J), Sumeet Jerath, Member (A)
Dr. Ashok Kumar Dikshit – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of appointment, apar issues, and promotion denial. (Para 1 , 2) |
| 2. uncommunicated apars cannot be used for promotion. (Para 3) |
| 3. non-communication of entries violates natural justice. (Para 4) |
| 4. respondents defend poor performance and valid procedures. (Para 5) |
| 5. apar non-communication breaches article 14 and pnj. (Para 6) |
| 6. direct review dpc for promotion from juniors' date. (Para 7) |
ORDER
Hon'ble Dr. Sumeet Jerath, Member (A) :
The instant OA has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-
“i) quash the letters dated 19.11.2020 (Annexure A 15) as well as the letter dated 29.12.2020 (Annexure A 18) whereby while communicating the APARs for the year 2014 to 2019 advised the applicant to make a representation against APARS and informed the applicant that outcome of personal discussion/Assessment dated 26.11.2020 would be kept separately and further that APAR rating for the year 2019 is Poor and as per rules, case with poor performance rating in any appraisal year shall not be considered for promotion to the next year as the said stand of the respondents is totally contradicto
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