UOI Vs. RAJNESH JAIN

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has assailed the order dated 7th February, 2013 passed in OA No.1362/2012 whereby the Tribunal has accepted the present respondent's challenge to the OMs dated 18th October, 2010 and 17th January, 2012 whereby the representations relating to adverse remarks and grading in her Annual Confidential Report (ACR) for the year 2005 -06 were rejected. The Tribunal accepted the respondent's challenge by its judgment dated 7 th February, 2013 which is assailed before us.

(2.) THE factual matrix in the instant case is undisputed. The respondent was working as Joint Director in the Social Statistics Division of the petitioner during the year 2005 -06. A DPC was held in July, 2009 to consider the applicant and others for promotion to the Senior Administrative Grade ('SAG' hereinafter). However, the respondent was not promoted and on seeking information under the Right to Information Act, 2005, she learnt that she had not been promoted as her ACR for the year 2005 -06 was below benchmark. It is undisputed that such remarks were not communicated to the petitioner till the year 2010 when she sought the information from the present petitioner.

(3.) THE respondent submitted a representation dated 25th May, 2010 seeking upgradation of her ACR. This representation was rejected by the Secretary, Ministry of Statistics and Programme Implementation vide OM dated 18th October, 2010. Aggrieved thereby, the petitioner filed the petition before the Central Administrative Tribunal being OA No.3288 of 2011, seeking quashing of the same as well a direction to the present petitioner to consider her claim for promotion to the SAG grade.