RAJNISH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following relief has been sought in this O.A.: -

(2.) THE O.A. has been contested by all the respondents including the private respondent Nos. 4 and 6, who have also been impleaded in their personal capacities. But only one counter affidavit has been filed on behalf of all the respondents. In other words no separate counter affidavit has been filed by the private respondents in their personal capacities to controvert the allegations of bias made against them. In Para 11, it has been admitted that the applicant was served with only one written memo during the period of review, in Para 18, it has been conceded that Competent Authority had not considered the various points canvassed in the representation dated 27.3.2006 by the applicant. After calling for the comments of the Reporting Officer and Reviewing Officer on the applicant's representation dated 27.3.2006 and after considering carefully the representation and the report/comments submitted vide communication dated 4.5.2006 and 28.7.2006 respectively, (contained as Annexure Nos. 1 and 2) the Competent Authority has found it fit to reject the representation of the applicant. It has been also said that subsequent representation dated 28.9.2006 made by the applicant relating to ACR for the year 2005 -2006 was not considered in rejecting the representation dated 27.3.2006. The proceedings in respect of applicant's representation dated 28.9.2006 are still in progress and have not reached in any finality.

(3.) A Supplementary Counter Affidavit has also been filed by the respondents in which averments contained in the counter affidavit have been almost reiterated.