AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2002 (8) TMI 875
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....y list whereas the respondents 3 to 6 were at S.No. 14, 16 and 19. 4. Being aggrieved by and dissatisfied with the said action on the part of the respondents in promoting the said respondents in supersession of his claim, he filed an Original Application before the Central Administrative Tribunal, New Delhi questioning the said order dated 2nd February, 1998 which was marked as Original Application No. 2389/99 in June, 1999. Two other persons, namely, Mr. R.K. Kakkar and Mr. A.S. Sanyal were also granted promotions. By reason of the impugned judgment dated 14th September, 2000 the petitioner's Original Application was dismissed by the learned Tribunal. A review application was filed by the petitioner which was also dismissed by an order dated 25th October, 2000. 5. The short question which has been raised in this writ petition is that in view of the fact that a bench mark of three 'very good' within a period of five years was required for the purposes of promotion having regard to the purported fall in standard it was obligatory on the part of the respondents to communicate the same to the petitioner pursuant to or in furtherance of Rule 9 of the CPWD Service Manual, ....
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.... that when the nature of the entry does not reflect any adverseness that is not required to be communicated. As we view it the extreme illustration given by the High Court may reflect an adverse element compulsorily communicable, but if the graded entry is of going a step down, like failing from 'very good' to 'good' that may not ordinarily be an adverse entry since both are a positive grading. All that is required by the authority recording confidentials in the situation is to record reasons for such downgrading on the personal file of the officer concerned, and inform him of the change in the form of an advice. If the variation warranted be not permissible, then the very purpose of writing annual confidential reports would be frustrated. Having achieved an optimum level the employee on his part may slacken in his work, relaxing secure by his one-time achievement. This would be an undesirable situation. All the same the sting of adverseness must, in all events, not be reflected in such variations, as otherwise they shall be communicated as such. It may be emphasised that even a positive confidential entry in a given case can perilously be adverse and to say that an....
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.... V.G. V.G. V.G. V.G. V.G. O.S. 5. R.K. Kakkar 01.08.51 O.S. O.S. O.S. O.S. V.G. O.S. 6. A. Sanyal 01.11.40 O.S. V.G. V.G. V.G/O.S. V.G. V.G./O.S. O.S. 7. S.C. Bhatia 04.05.46 Good Good V.G. V.G. O.S. O.S. V.G. 12. The learned Tribunal perused the general categorisation made in the ACRs. It further went through the purported relevant reports for the DPC. It was held: "The relevant reports for the DPC would be of 1992-93, 1993-94, 1994-95, 1995-96 and 1996-9. Of this period he has been graded 'Very Good' twice but three times as 'Good'. The decision of the Hon'ble Apex Court in the case of U.P. Jal Nigam. cited by the applicant does not help him as we can only ignore the categorisation, 'Good' awarded in 1995-96, as it was come down from the grading 'Very Good' awarded in 1994-95. We cannot replace the categorisation or update it, as the applicant would like us to do. We had also seen the ACRs for one year earlier and one year later. In these years as well as overall grading has been only 'Good' and this five years period reckoned either way he has got only two 'Very....
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....he "does not act dispassionately when faced with dilemma" must be pointed out with reference to specific instances in which he did not perform that duty satisfactorily so that he would have an opportunity to correct himself of the mistake. He should be given an opportunity in the cases where he did not work objectively or satisfactorily. Admittedly, no such opportunity was given. Even when he acted in dilemma and lacked objectivity, in such circumstances, he must be guided by the authority as to the manner in which he acted upon. Since this exercise has not been done by the respondents, it would be obvious that the above adverse remark was not consistent with law." 16. At this stage, we may also refer to another authoritative pronouncement of the House of Lords in England. In Secretary of State for Education and Science v. Metropolitan Borough of Tameside reported in 1973 3 All E.R. 665. Lord Denning stated the law thus: "To my mind, if a statute gives a Minister power to take drastic action if he is satisfied that a local authority have acted or are proposing to act improperly or unreasonably, then the Minister should obey all the elementary rules of fairnes....
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....xpert professional opinion. Suppose that, contrary to the understanding of the Secretary of State, there does in fact exist a respectable body of professional or expert opinion to the effect that the selection procedures for school entry proposed are adequate and acceptable. If that body of opinion be proved to exist, and if that body of opinion proves to be available both to the authority and to the Secretary of State, then again I would have thought it quite impossible for the Secretary of State to invoke his powers under Section 68. By adding this situation to situations more commonly described as occasions for judicial review, I can find no objection in principle. Lord Denning MR has briefly referred to some of the case law on the matter; and in the short time available I have looked to see if there is authority which would belie what I believe to be the law, and there is none. I think that the law, which I believe to exist, follows from the cases to which Lord Denning MR has referred, and is really to be deduced from a well-known passage in Professor de Smith's Judicial Review of Administrative Action (3rd Edn.(1973) P 320), where he says: 'Secondly, a court may ho....