Ajay Rastogi, J. - (1.) MATTER has come up on 2nd stay application dt.19/11/2010. At joint request, it has been heard for final disposal at admission stage.
(2.) INSTANT petition has been filed by Petitioner with the grievance that his annual performance appraisal reports ("APAR") of the years 2005 -06 and 2006 -07 were downgraded despite his performance in preceding and succeeding years has been outstanding/very good; and in absence of opportunity of hearing being afforded, recording of downgrading remarks in the APA Rs in question is in violation of principles of natural justice; and deserves to be ignored while his candidature being considered for further promotion to the post of Indian Police Service ("IPS") under IPS (Appointment by Promotion) Regulations, 1955 ("IPS Regulations"). Petitioner is a member of Rajasthan Police Service ("RPS"). He is aggrieved by downgrading of remarks recorded in his APA Rs of years 2005 -06 and 2006 -07. It has come on record that besides two APA Rs in question, in previous and succeeding years' APA Rs, performance of Petitioner was found to be outstanding/very good and without any reason or rhyme, APA Rs of years 2005 -06 and 2006 -07 have been downgraded below the benchmark, which has caused prejudice to him while being considered for promotion to the post of IPS being based on merit under IPS Regulations. Details of remarks recorded in his APARS since August, 1997 to March, 2008 have been referred to in para 2 of the petition.
(3.) COUNSEL for Petitioner submits that before downgrading remarks being recorded in APA Rs of years 2005 -06 and 2006 -07, no opportunity of hearing was afforded to Petitioner which is in violation of principles of natural justice, as also of Article 14 of the Constitution. In support, Counsel for Petitioner placed reliance upon decisions of Apex Court in Dev Dutt v. Union of India : 2008 (8) SCC 725 and Abhijit Ghosh Dastidar v. Union of India : 2009 (16) SCC 146.;