VidhiSangh

Supreme Court of India · 23/09/2022

UNION OF INDIA AND ORS versus G.R. MEGHWAL

[2022] 15 S.C.R. 481 · 2022 INSC 1010

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Summary

An ITS Group A officer on deputation to BSNL was rated 'Very Good' in 2005-06 and 2006-07 but only 'Good' in 2007-08 by the same reporting and reviewing officers, which cost him non-functional upgradation to the Senior Administrative Grade. He was allowed to represent against the grade under the 2009 and 2010 DoPT memoranda, but the representation was rejected without reasons. The Tribunal, upheld by the Rajasthan High Court, ordered reassessment excluding the 2007-08 ACR. Dismissing the Union's appeal, the Supreme Court applied Dev Dutt: entries must be communicated and representations decided fairly. The 2007-08 remarks were sweeping, contradicted the same officers' earlier views, came without warning, and were upheld without valid reasons, so the direction stood.

Issues

  1. Whether the Screening Committee could rely on a below-benchmark ACR for 2007-08 that sharply contradicted the 'Very Good' assessments the same reporting and reviewing officers had given in the two preceding years.
  2. Whether giving an opportunity to represent under the DoPT memoranda of 14.05.2009 and 13.04.2010 cured the defect, when the representation was rejected without valid reasons.

Provisions considered

Held

Result

Appeal dismissed. The Tribunal's direction, upheld by the High Court, to hold a review Screening Committee meeting and reassess the respondent's suitability for SAG excluding the 2007-08 ACR was affirmed.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 481.