2-cat principle bench, new delhi

8/13/2019 2-CAT Principle Bench, New Delhi.

1/432

Synopsis

1. The Applicant challenges herein the Communication dated

20.06.2013 of the Respondent Department (Annexure A!1"# $%&hich the re'uest of the Applicant for placing her three emorials

$efore the )on*$le inister of Communications and +nformation

Technolog% has $een re,ected.

2. The Applicant is a Direct Recruit -fficer of the +ndian ostal

/erice of 1 atch and is currentl% in the 4on!5unctional

/election rade of the /erice. The atch!mates of the Applicant

hae $een promoted to the /enior Administratie rade of the

/erice# $ut the Applicant has $een refused such promotion on the

$asis of $elo&!$enchmar7 grading in the ACR for the %ear 2008!

2009# the period 09.0.2006 to 31.03.200: and the %ear 200:!

200.

3. The Applicant# on $eing communicated $% the Respondent

Department on 10.06.2010 &ith regard to the $elo&!$enchmar7

grading in the ACR for the %ear 2008!2009# the period 09.0.2006

to 31.03.200: and the %ear 200:!200# represented against the

said three $elo& $enchmar7 grading ACRs ide her representations

dated 29.0.2010# 13.0.2010 and 28.0.2010. )o&eer# these

representations &ere re,ected $% the Respondent Department ide

;etters dated 2.03.2011# 19.0:.2011 and 1.0:.2011 respectiel%.

4. Thereafter the Applicant su$mitted her Appeals against the

three Re,ections dated 2.03.2011# 19.0:.2011 and 1.0:.2011

ide her Appeals dated 06.08.2011# 2.0:.2011 and 2.0:.2011

respectiel%.

5. The three Appeals dated 06.08.2011# 2.0:.2011 and

2.0:.2011 filed $% the Applicant &as re,ected ide ;etter dated


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09.10.2012 of the Respondent Department on the ground that the

proisions contained in Department of ersonnel and Training -ffice

emorandum 4o. 21011


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Date Summary of Event

rading" in the ACR for the %ear 2008!2009.

13.0.2010 The Applicant represents to the Director eneral

(osts"regardingaderse($elo&enchmar7rading"

in the ACR for the eriod 09.0.2006 to 31.03.200:.

28.0.2010 The Applicant represents to the Director eneral

(osts" regarding aderse ($elo& enchmar7 rading

in the ACR for the %ear 200:!200.

2.03.2011 Representation dated 29.0.2010 is re,ected $%

em$er (ersonnel".

06.08.2011 Applicant appeals against Re,ection ;etter dated

2.03.2011.

19.0:.2011 Representation dated 13.0.2010 is re,ected $%

/ecretar% (osts".

1.0:.2011 Representation dated 28.0.2010 is re,ected $%

/ecretar% (osts".2.0:.2011 Applicant appeals against Re,ection ;etter dated

19.0:.2011.

2.0:.2011 Applicant appeals against Re,ection ;etter dated

1.0:.2011.

09.10.2012 The Appeals dated 06.08.2011# 2.0:.2011 and

2.0:.2011 of the Applicant &ere not entertained on

the ground that the matter has $een considered

once.

09.10.2012 The Applicant su$mits an Application under the Right

to +nformation Act# 2009 to the Department of

ersonnel and Training.

09.11.2012 The Department of ersonnel and Training replies to

the Application of the Applicant under the Right to


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Date Summary of Event

+nformation Act# 2009# informing that the s%stem of

memorials are still alid.

1:.11.2012 The Applicant su$mits emorial to the )on*$le

inister regarding ACR for the ear 2008!2009.

1:.01.2013 The Applicant su$mits emorial to the )on*$le

inister regarding ACR for the eriod 09.0.2006 to

31.03.200:.

0.02.2013 The Applicant su$mits emorial to the )on*$le

inister regarding ACR for the ear 200:!200.

20.06.2013 The impugned letter is issued refusing to place the

three emorials of the Applicant $efore the )on*$le

inister.

01.07.2013 Hence tis !pp"ication challenging the impugned

Communication.

lace 4e& Delhi (#a$uri Da%ra""Date 02.0:.2013 Applicant

5iled through

(San&ay 'umar Das"Adocate for the Applicant


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() *HE +E)*,!L !D#()(S*,!*(-E *,(/)!L

,()+(!L E)+H )E DELH(

.!. )o. 2013.() *HE #!**E,

#a$uri Da%ra"D


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2. >/,(SD(+*() *HE *,(/)!L

The Applicant here$% declares that the su$,ect matter is

&ithin the ,urisdiction of the Central Administratie Tri$unal#

rincipal ench# 4e& Delhi as the Applicant is at present posted at

4e& Delhi and the impugned Communication has $een issued at

4e& Delhi.

3. L(#(*!*()

The Applicant declares that the application is &ithin the

limitation prescri$ed in /ection 21 of the Administratie Tri$unals

Act# 19.

4. !+*S *HE +!SE

4.1. That the Applicant is a 1 atch -fficer of the +ndian ostal

/erice# a roup >A* serice under the nion oernment# haing

$een appointed as a direct recruit through the Ciil /erices

=xamination# conducted $% the nion u$lic /erice Commission.

4.2. That the Applicant $eing an honest and straightfor&ard

person has $een the target of fe& unscrupulous -fficers of the

Respondent Department for 'uite some time no& and has to face

the $runt of these -fficers. These -fficers hae $een manipulating

the situation such that the Applicant has receied $elo&!$enchmar7

grading in her ACRs for the %ear 2008!2009# the period 09.0.2006

to 31.03.200: and the %ear 200:!200.4.3. That the Applicant receied ;etter 4o. C/


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su$mitted her representation to the $elo&!$enchmar7 grading in

her ACR for the period 09.0.2006 to 31.03.200: on 13.0.2010

and finall% the Applicant su$mitted her representation to the $elo&!

$enchmar7 grading in her ACR for the %ear 200:!200 on

28.0.2010. Copies of these three Representations dated

29.0.2010# 13.0.2010 and 28.0.2010# &ithout their Annexures#

hae $een enclosed to the present -A as !nne


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2.0:.2011 and 2.0:.2011# &ithout their Annexures# hae $een

enclosed to the present -A as !nne


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4.8. That after receiing the Repl% dated 09.11.2012 of the

Department of ersonnel and Training Esecond document of

Annexure A!6 (Coll%"F# the Applicant addressed three emorials

dated 1:.11.2012# 1:.01.2013 and 0.02.2013 against $elo&!

$enchmar7 grading in her ACRs for the %ear 2008!2009# the period

09.0.2006 to 31.03.200: and the %ear 200:!200 respectiel%.

Copies of these three Appeals dated 1:.11.2012# 1:.01.2013 and

0.02.2013# &ithout their Annexures# hae $een enclosed to the

present -A as !nne


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Corporation# (200" : /CC 63. The releant 'uotations from these

,udgments are enclosed to the present -A as !nne


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S".)o.

*ype of,epresentation

Date of,epresentation

Date ofDisposa"

)o. fDays*aAen

6. Appeal 2.0:.2011 09.10.2012 839

:. emorial 1:.11.2012 20.06.2013 216

. emorial 1:.01.2013 20.06.2013 199

. emorial 0.02.2013 20.06.2013 133

4.14.That from the a$oe ta$le it can $e seen that the Respondent

Department rather than ta7ing 30 da%s to dispose of the

representations of the Applicant hae ta7en $et&een 133 to 98

da%s. -n an aerage the Respondent Department rather has ta7en

22 da%s to dispose a representation of the Applicant# &hich is

approximatel% 10 months. This# the Applicant su$mits is at least

malice in la&. /ome of these cases are (i" .S. )arg v. State o* +.P.

, ther!# EA+R 2006 /C 212 2006 (6" /CC 830 GT 2006 (:" 1"#

&herein the follo&ing is stated (aragraphs 26# 2:and 2# pages

19!16 of GT"@ (ii" P. Mohanan Pillai &. State o* "erala# 200: A+R

280# 200:(3" /CR 93 # 200:( " /CC 8:@ (iii" M.P. State Co-op.

Dairy Fedn. Ltd. v. ajne!h "u#ar $a#indar# (200" 19 /CC 221@

(i""alabharatidverti!ingv. %e#ant &i#alnath 'arichania# (2010"

/CC 83:@ (" Swaran Singh Chand v. Punjab State Electricity

Board# A+R 2010 /C 191 GT 200 (" /C 39 (200" 13 /CC :9

E200F /CR 108 200 (:" /CA;= 622@ and (i" avi /a!hwant

Bhoir v. Di!trict Collector0 aigad#(2012" 8 /CC 80: GT 2012 (3"

/C 16 2012 (3" /CA;= 303. The releant 'uotations from these

,udgments are enclosed to the present -A as !nne


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accidental# $ut &ilful and a &ell planned# &ell designed action $%

certain unscrupulous -fficers to see the $est possi$le time to inflict

the &orst possi$le nightmare on the Applicant.

4.16.That the Applicant &ould li7e to su$mit here that the

Respondent Department in seeral other cases hae acted much

faster than the speed the% hae sho&n in the case of the Applicant.

5urther# in seeral other cases emorials regarding elo& ench

ar7 rading in ACRs hae $een put up to the )on*$le inister of

Communications and +nformation Technolog%# $ut not in the case

&ith the Applicant.

4.17.That the Applicant &ould li7e to further su$mit these other

persons the mentors a$oe are a categor%# to $orro& the &ords of

the )on*$le /upreme Court in Co#ptroller and uditor )eneral o*

1ndia v. ".S. $agannathan# A+R 1: /C 93: (16" 2 /CC 6:#

fall in the follo&ing 'uote

23e are the preciou! cho!en *ew4Let all the re!t be da#ned.

5here6! only roo# *or one or two4

3e can6t have %eaven cra##ed.7

4.18.Thatthe Applicant &ould li7e to $ring to the 7ind notice of the)on*$le Tri$unal that in the -rder


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have been cleared by the DPC are not eligible to be

appointed a! per the rule!0 by appropriate e8erci!e0 the

Depart#ent will have to do what i! e8pected o* the# in

con!en!u! with the natural ju!tice.K

(=mphasis /upplied"

4.1?.That the Applicant su$mits that the Respondent Department

has discriminated against the Applicant $% treating her differentl%

than other similarl% situated -fficers of the +ndian ostal /erice. +t

is hum$l% su$mitted that the discriminator% approach of the

Respondent Department against the Applicant is not onl% iolatie

of the la& 'uoted a$oe# $ut also iolates Articles 18 and 16 of the

Constitution of +ndia.

4.20.That the Re,ection letter dated 09.10.2012 (Annexure A!9" of

the Respondent Department# &hile re,ecting the Appeals dated

06.08.2011# 2.0:.2011 and 2.0:.2011 of the Applicant

EAnnexure A!8 (Coll%"F# gae the reason as follo&s J9. 5he #atter ha! been con!idered in con!ultation

with DP,5. n going through the relevant in!truction!

on the !ubject it i! !een that your repre!entation on

P *or the above #entioned period! have already

been con!idered and decided by the Co#petent

uthority ta(ing into account the late!t in!truction! o*

DP,5 M 'o.9:;::PM1? dated

:@.=.9;;A , DP,5 M dated :.;@.9;:;. ! regard!

your Me#orial!


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applicable in re!pect o* rgani!ed )roup Service!

including 1ndian Po!tal Service. 5here*ore0 in the light o*

above DP,5 clari*ication0 your Me#orial!now P? are being co##unicated

*or repre!entation i* any to the co#petent authority. 1n

the Dev Dutt judge#ent0 the Supre#e Court had held

that the public !ervant !hould have a right to #a(e a


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repre!entation again!t the entry and the concerned

authority #u!t decide the repre!entation in a *air

#anner. 5he in!truction! i!!ued by thi! Depart#ent *or

conveying the entire P *or repre!entation have not

!peci*ically provided *or any *urther appeal again!t the

deci!ion o* the co#petent authority. %owever0 any

*acility in thi! regard which wa! available under the

in!truction! prior to i!!ue o* the new in!truction! ha!

al!o not been withdrawn. "herefore, the earlier

provision for a -emorial to the President against

the decision of the competent authority to retain

the adverse remarks, wholly or partially would

remain. 1* there are no adver!e re#ar(! in the P

a*ter the co#petent authority ha! decided on the

repre!entation0 no #e#orial to the Pre!ident would

ari!e.K(=mphasis /upplied"

4.23.That from the a$oe it is clear that &hen the aderse entries

are retained# &hether in &hole or in part# a emorial to the

resident &ould remain. Therefore# the re,ection of the Appeals

dated 06.08.2011# 2.0:.2011 and 2.0:.2011 of the Applicant

EAnnexure A!8 (Coll%"F $% Re,ection letter dated 09.10.2012

(Annexure A!9" of the Respondent Department is nothing $ut a

fraud# as the aderse remar7s against the Applicant in her ACRs

hae $een retained. 5urther# this fraud $% the Administratie

Authorities &ould not hae come to light if the Right to +nformation

Act# 2009 had not $een in place.

4.24.That in the a$oe context# the Applicant relies upon the

,udgment of the )on*$le /upreme Court in (i" Bhaurao Dagdu


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Paral(ar v. State o* Mahara!htra# (2009" : /CC 609@ (ii" State o*

Mahara!htra v. Dr. Budhi(ota Subharao# 13 /CR (2" 311 13

/CC (3" 33 GT 13 (3" 3: 13 /CA;= (2" 36@ (iii" S.P.

Chengalvaraya 'aidu v. $agannath# A+R 18 /C 93 18 /CC

(1" 1 GT 13 (6" 331 13 /CA;= (8" 2::@ (i" )owri!han(ar ,

nr. v. $o!hi #ba Shan(ar Fa#ily 5ru!t , r!.# 16 /CC (3"

310 GT 16 (2" 960 16 /CA;= (2" 898@ (" Chandra Sha!hi

v. nil "u#ar &er#a# 19 /CC (1" 821 GT 18 (:" 89 18

/CA;= (8" 88@ (i" Dhananjay Shar#a v. State o* %aryana and

r!.# A+R 19 /C 1:9# GT 19 (8" /C 83# 18 (2" /CA;= :89#

(19" 3 /CC :9:@ (ii" Co##i!!ioner o* Cu!to#!0 "andla v. M

E!!ar il Li#ited0 E2008F 3 /CC 308@ (iii" %a#a %aji v. State o*

"erala# A+R 2006 /C 302@ (ix"$ai 'arain Para!ura#puria >Dead?

v. Pu!hpa Devi Sara*# (2006" : /CC :96@ (x" Lilly(utty v. Scrutiny

Co##ittee0 S.C. , S.5.0 A+R 2009 /C 8313 (2009" /CC 23

2009 (" /CA;= 2@ (xi" .&. Papayya Sa!try v. )overn#ent o*.P.# (200:" 8 /CC 221@ (xii" aju a#!ing &a!ave v. Mahe!h

Deorao Bhivapur(ar# 200 (12" /CR 2 (200" /CC 98 200

(12" /CA;= 292 200 (" GT (/C" 889@ (xiii" State o* ndhra

Prade!h v. 5. Suryachandra ao0 (2009" 6 /CC 18@ and (xi" 5.

&ijendrada! v. M. Subra#anian0 (200:" /CC :91. The releant

'uotations from these ,udgments are enclosed to the present -A as

!nne


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This# it is hum$l% su$mitted is against the &ell settled la& on the

su$,ect.

4.26.That it is &ell settled la& that eer% action of the /tate or an

instrumentalit% of the /tate must $e informed $% reason. Actions

uninformed $% reason ma% amount to $eing ar$itrar% and lia$le to

$e 'uestioned under Article 226 or Article 32 of the Constitution.

The action must $e ,ust# fair and reasona$le. 5air pla% and natural

,ustice are part of fair pu$lic administration@ non!ar$itrariness and

a$sence of discrimination are hall mar7s for good goernance under

rule of la&. +n ie& of the a$oe legal position# the Re,ection;etters

dated 2.03.2011# 19.0:.2011 and 1.0:.2011 EAnnexure A!3

(Coll%"F# itself is $ad in la $eing uninformed $% reason. The

Applicant relies upon the ,udgments of the )on*$le /upreme Court

in (i"!!i!tant Co##i!!ioner0 Co##ercial 5a8 Depart#ent0 3or(!

Contract , Lea!ing0 "ota v. M

&idyarthi v. State o* +.P.0 A+R 11 /C 93: (11" 1 /CC 212

E10F /upp 1 /CR 629@ and (i"avi /a!hwant Bhoir v. Di!trict

Collector0 aigad# (2012" 8 /CC 80: GT 2012 (3" /C 16 2012

(3" /CA;= 303. The releant 'uotations from these ,udgments are

enclosed to the present -A as !nne


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and malice# $ut also the callous attitude of the Respondent

Department to&ards the Applicant# &ho has $een a hapless ictim

for $eing honest# forthright and transparent.

4.28.That the Applicant has enclosed as !nne


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5. ;,/)DS , ,EL(E (*H LE;!L ,-(S()S

5.1. ecause the impugned Re,ection ;etter dated 20.06.2013

(Annexure A!1" has confused the instructions of ACRs &ith AARs.


(Annexure A!1" is in iolation of adice of the Department of

ersonnel and Training# the nodal Agenc% for the purpose.


(Annexure A!1" is a case of total non!application of mind.

5.4. ecause it is &ell settled that instructions issued $% the

oernment are $inding on it and the oernment has to practice

&hat it professes.

5.5. ecause the relief claimed in the -A is s'uarel% coered $%

the ,udgment of the )on*$le /upreme Court in Swaran Singh Chand

v. Punjab State Electricity Board# 200 (:" /CA;= 622.


the ,udgment of the )on*$le /upreme Court in M.P. State Co-op.Dairy Fedn. Ltd. v. ajne!h "u#ar $a#indar# (200" 19 /CC 221.


the ,udgment of the )on*$le /upreme Court in %.&. 'ir#ala v.

"arnata(aStateFinancial Corporation# (200" : /CC 63.


the ,udgment of the )on*$le /upreme Court ina#ana Dayara#

Shetty v!. 1nternational irport uthority o* 1ndia0 A+R 1: /C

162 1: /CR (3" 1018 1: /CC (3" 8.

5.?. ecause the relief claimed in the -A is s'uarel% coered $%

the ,udgment of Mr. $u!tice Fran(*urter in &itrelli v. Seaton G=A

+.S. == H Law Ed. >Second !erie!?I.

5.10.ecause the action of the /tate or its instrumentalit% must $e

,ust# fair and reasona$le.


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5.11.ecause it is no& &ell settled la& that eer% action of the

/tate or an instrumentalit% of the /tate must $e informed $%

reason.

5.12.ecause /tate Actions uninformed $% reason ma% amount to

$eing ar$itrar% and lia$le to $e 'uestioned under Article 226 or

Article 32 of the Constitution.

5.13.ecause fair!pla% and natural ,ustice are part of fair pu$lic

administration@ non!ar$itrariness and a$sence of discrimination are

hall mar7s for good goernance under rule of la&.

5.14.ecause the Respondent inistr% is dut% $ound to pass a

reasoned and spea7ing -rder on the representation of the Applicant

in ie& of the &ell settled la& laid do&n $% the )on*$le /upreme

Court of +ndia in the cases of (i" M.$. Sivani v. State o* "arnata(a#

A+R 19 /C 1::0 (19" 6 /CC 2 E19F 3 /CR 32@ (ii"

"u#ari Shrile(ha &idyarthi v. State o* +.P.# A+R 11 /C 93:

(11" 1 /CC 212 E10F /upp 1 /CR 629@ (iii" %ochtie* )a##onv. State o* ri!!a# A+R 1:9 /C 2226 1:6 /CR (1" 66: (1:9"

2 /CC 68@ (i" State o* Bihar v. Dr. !i! "u#ar Mu(herjee# A+R

1:9 /C 12 1:9 (2" /CR 8 (1:9" 3 /CC 602@ (" ".'.

)uru!wa#y v. 5he State o* My!ore# A+R 198 /C 92 199 /CR

309@ (i" !!i!tant Co##i!!ioner0 Co##ercial 5a8 Depart#ent0

3or(! Contract , Lea!ing0 "ota v. M

uthority o* 1ndia0A+R 1: /C 162 1: /CR (3" 1018 1:

/CC (3" 8@ and (iii" avi /a!hwant Bhoir v. Di!trict Collector0

aigad# (2012" 8 /CC 80: GT 2012 (3" /C 16 2012 (3" /CA;=

303.

5.15.ecause the impugned inaction of the Respondent is

irrational# and is contrar% to the la& declared $% the )on*$le


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/upreme Court in (i" 5ata Cellular v. +nion o* 1ndia# GT 18 (8" /C

932@ (ii" "u#ari Srile(ha &idyarthi v. State o* +.P.# A+R 11 /C

93:@ (iii" # "u#ar v. +nion o* 1ndia# (2001" 2 /CC 36@ and also

(i" o!han Lal 5andon v. +nion o* 1ndia# A+R 16: /C 1 16

/CR (1" 19.

5.16.ecause the impugned inaction of the Respondent constitutes

>#alice in law6# as is held in the ,udgments of the )on*$le /upreme

Court in (i" .S. )arg v. State o* +.P.# A+R 2006 /C 212 2006 (8"

/uppl. /CR 120 2006 (6" /CC 830@ (ii" P. Mohanan Pillai &. State

o* "erala# 200: A+R 280 200: (3" /CR 93 200: (" /CC 8:@

(iii" in M.P. State Co-op. Dairy Fedn. Ltd. v. ajne!h "u#ar

$a#indar# (200" 19 /CC 221@ and (i" "alabharati dverti!ing v.

%e#ant &i#alnath 'arichania# (2010" /CC 83:.

5.17.ecause the impugned inaction of the Respondent constitutes

>#alice in *act6.

5.18.ecausethe impugned inaction is a coloura$le exercise of

po&er.

5.1?.ecause the impugned inaction suffers from the ice of

ar$itrariness# and are hit $% the Bednes$ur% rinciple.

5.20.ecause the impugned inaction suffers from the ice of hostile

discrimination# and therefore is su$,ect to primar% reie& $% the

)on*$le Tri$unal in exercise of Gudicial Reie&.

5.21.ecause the impugned inaction suffers from illegalit%#

irrationalit% and


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6. DE*!(LS ,E#ED(ES EBH!/S*ED

The present -A is challenging the illegal disposal of

representations of the Applicant. The details of the Representations#

Appeals and the emorials of the Applicant are gien in the $od% of

the -A and are not repeated here. The present -A has $een filed

for proper disposal of the emorials of the Applicant.

7. #!**E,S )* ,E-(/SLC (LED , E)D();

(*H !)C *HE, +/,*

The Applicant declares that she has not preiousl% filed an%

application# &rit petition or suit regarding the matter# in respect of

&hich this application has $een made# $efore an% court or an% other

authorit% or an% other $ench of the Tri$unal nor an% such

application# &rit petition or suit is pending $efore an% of them.

8. ,EL(ES S/;H*

() *HE !+*S !)D +(,+/#S*!)+ES *HE +!SE

#E)*()ED !-E !)D () *HE ()*E,ES* >/S*(+E !)D

!(, L!C *HE !L(+!)* #S* ,ESE+*/LLC ,!CS

*H!* *H(S H)LE *,(/)!L #!C E ;,!+(/SLC

LE!SED

8.1. to allo& the present Application@

8.2. to 'uash and set aside impugned Re,ection ;etter dated

20.06.2013 (Annexure A!1" of the Respondent

Department@

8.3. to direct the Respondent Department to place $efore

the )on*$le inister of Communications and +nformation

Technolog% the three emorials dated 1:.11.2012#

1:.01.2013 and 0.02.2013 EAnnexure A!: (Coll%"F for

his 7ind consideration and -rders@


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8.4. to direct the three emorials dated 1:.11.2012#

1:.01.2013 and 0.02.2013 EAnnexure A!: (Coll%"F of

the Applicant $e disposed of $% reasoned and spea7ing

-rders in a fixed time period@

8.5. to allo& exemplar% costs of the application@ and

8.4. to issue an% such and further order


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(ii" Annexure A!1 to Annexure A!18.

(iii" ostal -rder 4o :8!61901# dated 2:.06.2013# for

Rs. 90

lace 4e& Delhi (#a$uri Da%ra""Date 02.0:.2013 Applicant

-E,((+!*()

+# adhuri Da$ral# D


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!nne


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This Annexure is a true cop% of the original


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!nne


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due to personal reasons# and had not gien an% re'uest for postingto un,a$ Circle. -n receipt of m% posting orders ide D ostsemo 4o. 2!22Aerage*rading in ACR $ut has not cited a single instance or reason $asedon &hich such a conclusion has $een arried at. As per D ?T;etter 4o. 2


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improve is performance ereas omission is "iAe"y toresu"t in ron assessment of te con$uct an$ performanceof an officer %y te D+ ic i"" %e not on"y aainst teinterests of te officer %ut a"so aainst te interests of te!$ministration. *e Director ;enera" as taAen a very

serious vie of suc omissions. *e competent autoritiesmay p"ease %e instructe$ to communicate invaria%"y a"" tea$verse remarAs eter re"atin to reme$ia" orirreme$ia%"e $efects imme$iate"y after tey are recor$e$ tote officer concerne$. !ny omission in tis rear$ i"" %eviee$ serious"y %y te Secretary +ommunicationsF. /incethe Reporting -fficer had gien an aderse ACR $ecause Aerage isan aderse entr% it &as compulsoril% re'uired to $e cone%ed to meat that time &ithin one month of &riting of ACR $ut this &as notdone ? thus the Reporting -fficer# /hri L.; Lhanna has 7no&ingl%

iolated the proisions in the rules. The ACR has thus $ecome time$arred and hence in fructuous ? ma% therefore $e ordered to $eremoed from the records. oreoer since in the entire ACR againstall the columns Aerage has $een gien ? there is nothingdescriptie or an% reasons or incidents cited in support of suchague remar7s thus in the first instance it is imperatie that theReporting -fficer is as7ed to gie supportie ,ustification againsteach such remar7s recorded $% him ? thereafter + $e proided anopportunit% to su$mit m% points of contention. /uch action &ill $e inthe interest of 4atural ,ustice. Be cannot hae a situation &herein

the Reporting -fficer casuall% notes do&n ague unsu$stantiatedremar7s and it is left to the hapless officer reported upon# to defendhimself purel% $asing his defense on imagination# pro$a$ilit% andsuppositions# as it amounts to dou$le ,eopard%# $ecause no,ustification or reason has $een cited $% the Reporting -fficer insupport of his remar7s. Thus + re'uest %our honour# that theReporting -fficer ma% $e as7ed to su$stantiate each entr% recordedand proide supportie eidence as the 'ualit% of m% &or7 has $eenof the highest standard and + had &or7ed to the $est of m% a$ilities&hich &ill $e eident on perusal of the files and records of un,a$

Circle of that time.

6. As per D osts ;etter 4o. 8!80


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scrutini6e if such -emo of 7ervices are maintained and thatany laches shall be met with serious conse8uences asclarified in these instructions. "he above instructions of 0"0uttack ench be brought to the notice of all concerned forstrict compliance.)o&eer /hri L.; Lhanna the Reporting -fficer

has flouted these instructions and has not maintained an% emo of/erices ? his o$serations and grading in the ACR are purel%&himsical and not supported $% an% documentar% eidence &hich isre'uired to $e dul% entered in the emo of /erices.

:. As per proisions of ?T anual Iolume!+++# Chapter titled>Confidential record of &or7 and conduct of officers of theDepartment* ara!: states as under !

ara=7Bith a ie& to ena$ling them to ma7e correct

oer!all assessment of the &or7 and conduct of theirsu$ordinates# the reporting officers are re'uired tomaintain memoran$um of services in respect ofeach officer emplo%ed under them. All instances of goodand $ad &or7 coming to the notice of the reportingofficer should $e promptl% noted in the memo ofserices. *e memoran$a of services sou"$invaria%"y %e consu"te$ at te time of ritin ofannua" reports.The memoranda of serices in respectof an officer should $e a complete and continuous

record of his serice and accordingl%# it sou"$ not %e$estroye$ after the annual report has $een &ritten.The entries in te memo of services sou"$ %e%ase$ on facts an$ $ocumentary evi$ence. 5or&riting the annual report onl% those entries in thememo# &hich pertain to the %ear of the report# should$e ta7en into account. As te memo of services iste so"e %asis for ritin te annua" reports thereporting officer at the time of su$mitting reports to thecountersigning authorities# if an%# sou"$ maAe a

specific mention in te forar$in "etters tatmemoran$um of services ave %een maintaine$an$ consu"te$.

. As is eident from the a$oe proisions in the ?T anual#Iolume!+++ the emo of /erices is a permanent record as it is notto $e destro%ed. oreoer emo of /erices has to $e inaria$l%consulted at the time of &riting ACR and an% entries in emo of/erices should $e $ased on facts and documentar% eidence. TheACR is to $e $ased solel% on the entries made in emo of /erices.

/ince during the period nothing aderse &as eer cone%ed to me$% the Reporting -fficer# /hri L.; Lhanna and as the emo of


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/erices has also not $een maintained and no facts or documentar%eidence has $een cited as reason for recording $elo& $enchmar7grading in the ACR $% the Reporting -fficer thus such grading isunsu$stantiated and therefore it is re'uested that the ACR gradingma% either $e upgraded to a$oe enchmar7 for eligi$ilit% for

promotion or entire ACR $e expunged from the records.

. +n the instructions portion of ACR as per ara!1 and 2 thefollo&ing guidelines has $een gien!

1. "he 0onfidential 2eport is an importantdocument. It provides the basic and vital inputsfor assessing the performance of an officer andfor his her further advancement in his &hercareer. "he !fficer reported upon, the 2eporting

uthority, the 2eviewing uthority and theaccepting uthority should, therefore, under takethe duty of filling out the form with a high senseof responsibility.

$. Performance appraisal through 0onfidential2eport should be used as a tool for humanresource development. 2eporting officers shouldreali6e that the ob9ective is to develop an !fficerso that he&she reali6es his&her true potential. It

is not meant to be a fault'finding process but adevelopmental one. "he 2eporting !fficer and the2eviewing !fficer should not shy away fromreporting shortcomings in performance, attitudesor overall personality of the officer reported upon.

10. The a$oe guidelines hae not $een adhered to $% theReporting -fficer. The remar7s ? o$serations made $% the #/hri L.; Lhanna are of general nature# not supported $% facts and&ritten in a most irresponsi$le ? aimless manner. +nfact it has $een

&ritten in such a manner that nothing descriptie has $een gien ?,ust one &ord remar7s li7e >Aerage* is gien &ithout propersupportie eidence or ,ustification. /uch casual &riting of ACR andunsu$stantiated $elo& enchmar7 rading &ill hae a demoralisingeffect and &ill $e detrimental to the efficienc% of serice in the longrun. As per proisions of * #anua" -o"ume=(((Chapter titled>Confidential record of &or7 and conduct of officers of theDepartment* ara!: states as under !

ara=7erit as reflected in the confidential reports is

generall% recogniOed as the main criterion for decidingthe cases of promotion to higher grades. +t is# therefore


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very important %ot in te interest of efficiency ofte service an$ a"so of te officers tat tereports are ritten it te reatest possi%"e careso that the &or7 conduct# character and capa$ilities ofthe officers reported upon can $e accuratel% ,udged

from the recorded opinion.

11. oreoer as per proisions of ara!10 of ?T anual Iolume!+++# I+t is the dut% of a reporting officer not onl% to ma7e ano$,ectie assessment of the &or7 and 'ualities of his su$ordinates%ut a"so ive at a"" times te necessary ui$ance an$assistance to correct is fau"ts an$ $eficiencies. i"erecor$in a$verse remarAs te reportin officer sou"$in$icate te efforts ma$e %y im to et tose $efectsremove$. He sou"$ a"so provi$e necessary trainin

erever possi%"e.)o&eer throughout the period the didnot gie an% adice or guidance or cone% an% displeasure or pointout an% shortcomings or deficiencies. and hence unfortunatel% theerformance appraisal through Confidential Report has $ecomemore of a fault!finding exercise ? $lame game instead of $ecominga tool for human resource deelopment.

12. The # un,a$ Region# /hri L.; Lhanna has not gien an%&orth&hile remar7s $ased on o$,ectie assessment and there has$een no application of mind &hile &riting the ACR. The entire ACR

&riting has $een relegated to one liners and Aerage has $een&ritten casuall% against all the columns except a fe&. The entireexercise of ACR &riting has $een triialised and the Reporting-fficer has adopted a dismissie# casual approach to&ards such animportant tas7 ? has thus iolated the rules &hich goern theresponsi$ilities of the Reporting -fficers. Thus the a$oegoernment instructions hae $een flouted as it has $een &ritten ina most irresponsi$le manner. The Reporting -fficer has not underta7en the dut% of filling out the ACR form &ith a high sense ofresponsi$ilit% and has therefore iolated the goernment

instructions. oreoer this ACR &as neer cone%ed to me at thattime though an Aerage ACR is considered as an Aderse ACR andas per instructions preailing at that time it should hae $eencone%ed and hence the ACR has $ecome time $arred and infructuous $% irtue of not $eing cone%ed to me at that time andhence ma% $e remoed from the records. + re'uest %ou to 7indl%ta7e appropriate action against the officer for iolation ofgoernment rules.

13. +n m% first stint of posting in un,a$ Circle + had &or7ed as

Diisional )ead ? A (/taff ? Iig" from 26..3 to 2.10.:. Thesecond stint in un,a$ Circle as Director &as from 3.3.2008 to


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31.6.2009. /ince the copies of ACRs hae $een proided to me inresponse to m% RT+ application dated 1:th Gune 2010. % ACRrading during m% first stint in un,a$ Circle &as as under!

D=TA+;/ -5 ACR RAD+4 B)+;= B-RL+4 +4 /T/ RAD= +44GA C+RC;= B.=.5 0:.01.2000 T- 01.03.2008

Sl.No.

Designation Period ReportingOi!er

Re"ie#ing Oi!er $rading

1 SSPOs PatialaDivision, PUNJABCIRCLE

26.8.93 to31.3.9

S!"i Ja#at Ra$,DPS, P%n&a'Ci"(l)

Dat)*1+..199

S!"i .N Ja*!-ani,CP, P%n&a'Ci"(l) Dat)*9.+.9

oo*

/S!"i Ja#atRa$ -as*is$iss)*0"o$ S)"vi()

-!il)-o"in# inP%n&a'Ci"(l)

2 SSPOs PatialaDivision, PUNJABCIRCLE

1..9 to31.3.9+

S$t A(!alaB!atna#a" DPS,P%n&a' Ci"(l)

Dat)* Nil

S!"i B. B a4%",CP, P%n&a'Ci"(l)

O%tstan*in#

3 SSPOs PatialaDivision, PUNJAB

CIRCLE

1..9+ to21.5.9+

S$t A(!alaB!atna#a" DPS,

P%n&a' Ci"(l)

Dat)* Nil

S!"i B. B a4%",CP, P%n&a'

Ci"(l)

O%tstan*in#

SSPOs PatialaDivision, PUNJABCIRCLE

23.8.9+ to31.3.96

S!"i %l'i"Sin#! DPS,P%n&a' Ci"(l)

Dat)* 2.+.96


7)" oo*

+ SSPOs PatialaDivision, PUNJABCIRCLE

1..96 to31.3.95


Dat)* 5.5.95


O%tstan*in#

6 AssistantPost$ast)")n)"al /Sta00 7i#ilan(), Ci"(l)O00i(), PUNJAB

1..95 to29.1.95


Dat)* Nil


7)" oo*

18. During m% first stint in un,a$ Circle as a Diisional )ead from26..3 to 31.3.:# + had ,oined atiala Diision at a time &henterrorism in un,a$ had not a$ated. Those &ere er% dangerous

times as militants still had a hold. atiala )..- had $een proided28 hour securit% $% the un,a$ olice %et militant stri7es in /irhind


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/.- ? Ra,pura ).- had ta7en place in $road da%light and theTreasurers had $een shot dead ? treasur% looted. +ronicall% %earslater &hen + ,oined as Director in the C.- the families of our staff&ere ma7ing rounds of C.- and + had tried m% $est to expedite thecompassionate appointment cases as + had lied and experienced

those traumatic times ? &as a&are of the pain suffered $% thefamil% of our staff. % noting are aaila$le in the releant files ofCircle -ffice. Traelling in a goernment ehicle &as also er%dangerous in those da%s. All name plates etc in all goernment$uildings had $een changed to un,a$i language on orders ofterrorist groups. + had m%self signed letters in un,a$i languagethough + did not 7no& ho& to read or &rite the language $ecausethose &ere er% dangerous times ? + did not &ant to ma7e an issueon such matters ? therefore learnt to &rite m% name in un,a$i.The preious Diisional )ead had $een carr%ing out +nspections of

ranch ost -ffices $% calling for the records in the Accounts -ffice? aoided areas li7e Lauli# Chinarthal7alan# atran# hagga etc# $ut+ isited each ? eer% illage as + had to set an example $efore the/u$!Diisional in!charges as &ell as general staff. Be cannot allo&fear to dominate our lies ? paral%se it into inactiit% ? fear has to$e oercome. + had also receied threatening letters from un,a$militants ? had for&arded these to the olice authorities forinformation. The // atiala at that time# /hri C./.R Redd%# hadinited me oer a cup of coffee in his house ? adised me to ta7eolice protection@ he had himself sustained $ullet &ounds in one of

the terrorist stri7es and later on had receied the residents olicemedal. ut + had politel% refused as + thought people hardl% 7ne&me no& $ut &ith securit% + &ould stand out among the cro&d ? $emore isi$le ? $ecome more ulnera$le. +n such tr%ing conditionsm% strength la% in the support of m% staff $ecause + &as anoutsider and did not 7no& man% people in un,a$ %et + &as a$le tosho& $est results $ecause of the general support of the staff. +al&a%s get along er% &ell &ith m% staff and the /taff nions$ecause + am er% protectie to&ards them and ta7e up their ,ustcause. +n those da%s haing a %oung gro&n up son &as also er%

ris7% ? man% staff had sent their sons for studies to close relatiesliing in other states. This &as enough reason for suspicion for theun,a$ olice. Bhen one of the /u$ ostmasters had $een ta7en $%the olice and 7ept in the loc7 up# &hich &as again repeated &ith afe& other staff ? on release the% sho&ed me torture mar7s ? too7off their shoes as toe nails &ere $lac7ened + &as er% distur$ed andtoo7 up their cause &ith local olice Authorities ? re'uested thatostal staff should not $e ta7en a&a% $% the olice &ithout m%permission and also addressed C /hri . Lapur &ho furtheraddressed the D olice enclosing m% detailed letter. The D olice

&as 7ind enough to appreciate our pro$lems ? gae orders thatostal /taff must $e ta7en for interrogation onl% after permission of


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ostal Diisional )eads. These are matters of record and $ased onerifia$le facts. -n 31stAugust 19# the Chief inister of un,a$#/hri eant /ingh had $een assassinated near the high securit%/ecretariat $uilding in Chandigarh $% the separatist a$$ar Lhalsagroup. -n completion of m% tenure + ,oined as A (/taff ? Iig" in

Circle -ffice on 01.08.: &here + had $arel% &or7ed for :! months? &as interested in sta%ing on &hen all of a sudden + &as posted tothe Directorate in Delhi ? ,oined as AD (=stt" on 31.10.:. Thusas is eident + hae &or7ed &ith complete dedication in the mosttr%ing circumstances.

19. During m% first tenure in un,a$ Circle# the progress made&as tremendous and achieements numerous. To cite a fe&examples atiala district had exceeded the allotted small saingstarget and had stood first in the /tate and the /tate oernment

had gien a&ard in recognition for this achieement. Due to m%personal superision atiala )- continuousl% stood first in theCircle in optimum utilisation of multipurpose computer machines&hich had $een ne&l% introduced. + &as em$er of DC of TelecomBing and in 16 after one &ee7 of continuous sitting + hadscrutinised large num$er of cases including long forgotten oldsealed coer cases etc and recommended cases for promotion of113 officials ? entire $ac7log &as cleared# the Telecom /taff nionsof atiala $ro7e into ,u$ilation ? organised a small function. + hadsuperised the Recruitment in .A cadre in un,a$ Circle and

interie&s of a record 360 candidates for the Circle as a &hole &erecarried out in Chandigarh# &here + camped for 19 da%scontinuousl%# ? final selection list issued ? there &as not a singlecomplaint of faouritism etc. The exed pro$lem of $i!furcation of?T Colon% in atiala &as finalised ? long standing dispute &assettled adantageousl%. -ne T%pe!I and one T%pe!+I ne&l%constructed 'uarters &ere got transferred to ostal &ing fromTelecom Bing. +t &as during m% first tenure in un,a$ Circle that +&as conferred the Da7 /e&a a&ard in 19.

16. Thus it is eident from the a$oe details and 7eeping in ie&the fact that &hile &or7ing as a Diisional )ead as &ell as in Circle-ffice# un,a$# due to excellent &or7 + &as graded as -utstanding$% m% superiors. An -fficer cannot change oernight and $ecome a$ad &or7er all of a sudden. + continued to &or7 hard in $ringinga$out oerall improement in the &or7ing of the Circle. +n case# the/tatistics ? erifia$le gro&th parameters are compared#immediatel% prior to m% ,oining the Circle and after m% ,oining# thenm% contri$ution &ill $e clearl% eident. Thus it is unfair for theReporting -fficer to hae ,udged me so harshl%@ especiall% 7eeping

in ie& that due to m% hard &or7 man% of the long standingpro$lems &ere resoled foreer. Thus it is proed $e%ond an% dou$t


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that the Reporting -fficer# /hri L.; Lhanna has $een $iased andindictie to&ards me as he has totall% ignored all the achieementslisted $% me in m% ACR.

1:. +t has $een laid do&n ide ara!: of ?T anual Iolume!+++#

Chapter titled >Confidential record of &or7 and conduct of officers ofthe Department* that@

fficers recor$in remarAs must rea"iJe teimportance of tese entries as teir oncompetency i"" %e &u$e$ part"y from teconfi$entia" remarAs tey recor$ a%out officersorAin un$er tem.

Thus if at all an%one is to $e penaliOed then it should $e the

Reporting -fficer &ho has not discharged his duties properl% andfollo&ed goernment rules ? guidelines laid do&n for Reporting-fficers. The Reporting -fficer has acted and $ehaed in a mostcasual ? irresponsi$le manner as he has not cited a single reason orinstance in support of his contention. + cannot $e left to face the$runt and m% promotion stalled on the grounds that the Reporting-fficer failed to appl% his mind and exert himself and gie ade'uatereasons and ,ustification for aderse grading. ACR &riting is aserious matter and a %ear long exercise ? if aderse grading is to $egien then the case has to $e $uilt up slo&l% and the officer issued

emo*s# Barning etc and proided &ith ade'uate opportunit% todefend himself and onl% after that the entries are first made inemo of /erices ? an officer gien further opportunit% to improehimself. ut the Reporting -fficer has not follo&ed the rules and hastriialiOed the &hole exercise of ACR &riting due to his irresponsi$le? casual approach.

1. During this period from 1.8.2008 to 31.3.2009# as per ara!2of art!++# &hich comprises of the portion in &hich the -fficerreported upon gies the -$,ecties and achieements. + hae gien

the follo&ing achieements under this column !

(i". +n usiness Deelopment of remium roducts# totalusiness achieed from 1.8.08 to 31.:.08 &as :1.0;acs &hereas $usiness for corresponding period inpreious ear &as onl% 31.96 ;acs. Thus oerallincrease of P &as achieed as usiness achieed in/peed ost!802.61 ;acs# usiness ost!10.6 ;acs ?Retail ost!191.00 ;acs# thus registering an increase of:.81P# 81.62P# ? 18:.31P respectiel% to usiness

achieed last ear.


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(ii". During period 1.8.08 to 31.:.08 in +nternational one%Transfer /erice a total of 693: transactions too7 placeregistering an increase of 211P oer the correspondingperiod in preious %ears transactions# &hich &as onl%20. The increase in gro&th rate in +T/ for the month

of Gul% &as 1P &hich &as appreciated $% em$er(Deelopment" as cone%ed ide D.- ;etter 4o.9!


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(iii". 29 Appeal cases of Departmental ? D/ officials ? 3Disciplinar% cases of D/ decided. 5our Circle relaxationcommittee meetings held in &hich 2: cases ofcompassionate appointment &ere approed.

1. -n perusal of a$oe achieements it is eident that theseachieements are exceptional. Against ara A!1 of art!+++ Pleasecomment on Part'II as filled by the officer and specificallystate whether you agree with the answers relating to targetsand ob9ectives, achievements, shortfalls and constraints. TheReporting -fficer has gien his remar7s as# ICes. Thus it is eidentthat /hri L.; Lhanna has full% agreed to the achieements listed inthe self!appraisal portion. Thus the su$se'uent grading in ACRshould hae $een $ased on the achieements listed $% me or in the

case of disagreement reasons should hae $een cited $ut this &asnot done $ecause m% &or7ing &as exceptional and the Reporting-fficer had no cause or reason to not agree. As all the a$oeTargets and their achieements hae $een full% agreed to $% /hriL.; Lhanna# on perusal of these achieements# it is eident thatthese can $e achieed onl% through hard &or7 and a sense of truecommitment. There has $een an increase in the achieement ofusiness in remium roducts as compared to corresponding periodin last %ear. +n +T/ an appreciation letter &as receied from theem$er (Deelopment"# ostal /erices oard. The num$er of

5raud cases closed has $een higher then last %ear and all thepending Circle ;eel +n'uiries &ere completed and all C;+ Reportsissued $% me so that there &as not a single pendenc%. +t ma% 7indl%$e noted that the conduct of C;+ is not the sole responsi$ilit% of D/alone $ut of $oth D/ ? # %et + carried out all the C;+ a$oe Rs.-ne ;a7h single handedl% and &iped out pendenc% due to m% hard&or7 &hich needs to $e appreciated ? ac7no&ledged appropriatel%in the ACR. The 10thlan target of proiding training to ostmanstaff &as full% achieed and the target of training to ranch ostmasters through distance learning &as exceeded. 10 thlan target

for proision of +nfrastructural e'uipment &as full% achieed. All theallotted Annual +nspections had $een conducted timel% ? +R Reportsissued. Thus &hen all the targets hae $een met and the Reporting-fficer has agreed that all the targets hae $een full% achieed thenthe grading is not commensurate &ith the achieements and on thisground alone the ACR needs to $e suita$l% upgraded to a$oeenchmar7 leel or the ACR $e expunged from the records as +hae &or7ed &ith dedication and sincerit%. + cannot $e penalised for&or7ing so hard and sho&ing good results ? exceeding targets&ithin such a short period of time and m% assessment should $e

strictl% confined to m% achieements. The Reporting -fficer has notgien an% reasons as to &h% despite such exceptional achieements


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an aerage grading has $een gien. This means that the $asis of&riting the ACR has $een purel% su$,ectie ? &himsical as theachieements hae not $een ta7en into account.

20. -n perusal of achieements listed in ara!1 a$oe it is clear

that# despite holding the usiness Deelopment ranch for a shortperiod from 1.8.08 to 31.:.08# + too7 initiatie ? made earnestefforts to increase $usiness so much so that an appreciation letter&as receied from the Directorate as the increase in gro&th rate in+T/ &as 211P oer last %ears achieements for correspondingperiod and in the month of Gul% alone gro&th registered &as 1P&hich &as appreciated $% em$er (Deelopment" as cone%ed ideD.- ;etter 4o.9!


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ensure tat tese instructions are conveye$ to a"" te;aJette$ fficers an$ tat tey in$icate tese $etai"s in te+., forms to %e su%mitte$ from te comin year.F + hae dul%indicated in the self!appraisal portion that seen Annual +nspections&ere allotted to me and + carried out all the seen inspections

meticulousl% ? er% detailed +nspection Reports &ere issued in allthe cases. Through these +nspection Reports + had infact oerhauledthe &or7ing of the entire office &hereer + isited. oreoerthrough m% +Rs# + gae practical suggestions# &hich &ere not onl%appreciated $% the C# $ut in man% instances he accepted m%suggestions ? ordered for its implementation. 5or example + hadcarried out the Annual +nspection of the -ffice of /enior/uperintendent of ost -ffices# Chandigarh Diision from23.11.2008 to 28.11.2008. As per ara 89 under the headingeneral -$serations + had gien follo&ing suggestions &ith

detailed reasoning# the releant ara is cited as under !

2Para-@=. Chandigarh Divi!ion *all! in rea-10 which i!in the juri!diction o* DPS >%J?0 thu! 1 *eel that thi!1n!pection !hould have been allotted to DPS >%J? andnot to the DPS >egion?. 1n*act a! per C.. letter'o.1n!pn


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Circle **ice dealing with the!e unit! are al!o not underthe control o* egional DPS thu! there can be apo!!ibility o* #any !hortco#ing!egion?0 a! !uch File! are notbeing handled by the egional DPS0 and hence couldhave e!caped !crutiny at the ti#e o* nnual 1n!pectionby egional DPS e!pecially !ince the incu#bent +nit%ead! o* the!e unit! al!o change and #ay not havebeen aware o* it the#!elve!. 5hu! it i! e!!ential thatthe **icer carrying out nnual 1n!pection o* a unit!hould be handling the branch at Circle **ice andegional **ice in totality and !hould be allotted

1n!pection! *alling within hi!1? will plea!e !ub#it a

detailed note while !ub#itting 1 progra##e *or theyear 9;;= that the unit! are allotted *or in!pection a!per juri!diction o* re!pective Director!7.

The C agreed to m% a$oe suggestion and in the next%ears +R rogram the allotment of +nspections &as done as per the,urisdiction prescri$ed $% the Directorate. Thus all the inspectionscarried out $% me &ere er% effectie and a lot of improement &as$rought a$out.

22. At the time of m% first tenure in un,a$ Circle as a Diisional)ead the &or7 area and ,urisdiction of un,a$ Circle into Area!+ ?


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Area!++ &as clearl% demarcated ? there &as no oerlapping of &or7or ,urisdiction $ut during m% second stint in un,a$ Circle# there&as all round confusion ? een staff &ould $e fum$ling for ans&ers? files &ere tossed from one des7 to another. + had highlighted thepreailing confusion ide ara 2(1." under the heading suggestions

for consideration of the Directorate# in the Circle ;eel +n'uir%Report dated 11.8.2009# in Amrit aOar 4DT/- 5raud case ofLapurthala Diision &hich is cited as under !

1. "! :5 I;D D!< ! 2=I!#>DI20"!2 ? P>0I#= >> 2#0:7P2"I#I#= "! 2=I!# @#D2 I"7 0:2=A ' sper 0P-= Pun9ab >etter #o.stt&$1'$ dated$.$.$%%1 the 2egional office was abolished atlocal level and without the permission of

Directorate. s per information compiled atnne+ure';II 7hri 7I7 Paul was the 0P-=Pun9ab at that time. "hereafter the ne+tincumbent 0P-= addressed the DD= (stt) videhis D.! >etter #o."ech&1*'1&$%%1 dated 3..$%%$regarding distribution of work between DP7(:B)and DP7(2). "hen the 0P-= addressed a D.!letter #o.&0s&C4'1&$%%$ dated $.*.$%%$ whichwas replied by the then DD= (P) 7hri 7. 7amantvide his D.! #o.1C'$E&$%%$'7P= dated

$E.1%.$%%$ that the statutory powers vested withthe posts can not be transferred from one officerto another. "hereafter the P-= (2) -s. -an9ulaPrasher addressed -s. 7hoba Foshy DD= (stt)vide D.! >etter #o.stt.&$1'$&F< dated*.11.$%%$ suggesting distribution of branches of0irce !ffice between the two Directors. "he then-ember (P) 7hri 7I7 Paul vide his D.! >etter #o.31'1%&$%%$ P'II dated *.1.$%%3 conveyeddistribution of ranches between the Directors as

a temporary measure. "he then DP7(2) 7hri 5ivekFaul vide his D.! >etter #o.$1'$&Fetter#o.stt.&$1'$&F< dated *.11.$%%$ againsuggesting changes in distribution of ranches."he DP7(2) 7hri 5ivek Faul again addressed 7hri.F 7harma DD= (stt) vide his D.! >etter #o.$1'

$&F


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DD= (stt) vide D.! >etter #o.stt.&$1'$&FConfidential record of &or7 and conduct of officers of theDepartment* ara! states as under !

ara! Confidential reports should as a rule gie generalappreciation of the character# conduct and 'ualities ofan officer reported upon and a reference to a specificincident should $e made# if at all# onl% $% &a% ofillustration to support aderse comments of a generalnature as for example inefficienc% dela%# lac7 of

initiatie# ,udgment etc if the reporting officer feels thatalthough a specific incident is not important in theconfidential report# he should $efore ma7ing such anentr%# satisf% himself that his o&n conclusion has $eenarried at onl% after a reasona$le opportunit% has $eengien to the official reported upon to present his caserelating to that incident.

83. nfortunatel% the has not follo&ed the a$oe proisionsas proided in the rules. oreoer no opportunit% had $een

proided to me despite aderse ACR &hich has no& toda% $ecometime $arred. /ince the Reporting -fficer has graded the ACR as


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Aerage &ithout assigning an% reasons or ,ustification in support ofsuch aderse grading as in accordance to rules it should hae $eencompulsoril% cone%ed to me at that time. Thus at this $elatedstage the onl% appropriate action &ould $e to completel% remoethis unsu$stantiated ACR from the records and treat it as null and

oid.

88. As per proisions of ?T anual Iolume!+++# Chapter titled>Confidential record of &or7 and conduct of officers of theDepartment* ara! states as under !

ara=? *e enera" princip"es ic are re@uire$to %e o%serve$ %y te reportin officers forritin annua" reports are in$icate$ %e"o

9ii: )o emp"oyee sou"$ %e a$verse"y affecte$ %ypre&u$icia" reports recor$e$ itout fu""estconsi$eration. !t te same time none sou"$%e rear$e$ %y e


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eligi$le for consideration for m% next promotion# on the follo&inggrounds !

(i" The targets and achieements gien in art!++ areexceptional and the Reporting -fficer has full% agreed

and accepted these achieements. The appreciationletter cited therein# issued $% the Directorate needs to$e ta7en into account.

(ii" The Distri$ution of Bor7 of D/ (Region" &as changedfre'uentl% and the moment + finished &ith streamlining? updating the &or7 of an% of the ranch allotted to meit &as s&apped &ith some other poorl% managed ranch$eing dealt $% D/ ()N". 5or example the ;+Confidential record of &or7 and conduct of officers ofthe Department* hae not $een follo&ed $% theReporting -fficer.

(i" =er% entr% in the ACR should $e gien in a narratieform and should accuratel% reflect the intention of theReporting -fficer and omni$us expressions li7e>-utstandingK# JIer% oodK# JAerageK# Jelo&AerageK# are not to $e used &hile giing commentsagainst an% of the attri$utes. These goernment

guidelines as gien in the >+nstructions* portion at theend of ACR roforma hae not $een follo&ed and openl%flouted $% the Reporting -fficer at the time of &ritingm% ACR.

(". The emo of /erices has not $een maintained@ eenother&ise nothing aderse has eer $een cone%ed as$eing entered therein. The memo of serices is the sole$asis for &riting the annual reports and is a permanentrecord as it is not to $e destro%ed. The entries in the

memo of serices should $e $ased on facts anddocumentar% eidence. The Reporting -fficer has not


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cited an% facts or documentar% eidence as reason forrecording $elo& $enchmar7 grading in the ACR.

(i". There has not $een a single instance of an% emos#Barnings# reprimands# guidance# Adisor% 4otes issued

$% the Reporting -fficer# Reie&ing -fficer or $% theDirectorate against me during this period as intimated inresponse to m% RT+ Application and m% &or7 andconduct has $een exceptional during the period.

(ii". The Reporting -fficer has $een indictie to&ards meand has penaliOed me for upholding goernmentinterests in /ports Recruitment &hich &as successfull%completed $% me despite $eing cancelled t&ice in thepast and no action has $een ta7en against the officers

responsi$le for the fiasco ? + am $eing selectiel%targeted ? ictimiOed.

8:. + cannot $e penaliOed and m% promotion &ithheld for haing&or7ed hard and &ith utmost honest% and dedication and to the$est of m% a$ilities and for m% outstanding achieements as listedin art!++ of m% ACR. Therefore + re'uest %our honour to 7indl%consider m% representation faora$l% and to either upgrade m% ACRto a$oe enchmar7 leel so that + am eligi$le for consideration form% next promotion or to completel% remoe the aderse ACR from

records on the ground of its $eing time $arred as it &as notcone%ed to me deli$eratel% at that time and therefore has no&$ecome inoperatie and needs to $e expunged in totalit% as no,ustification or reason or documentar% eidence has $een cited asade'uate reason in support of such casual &riting of ACR in grossiolation of goernment instructions on the su$,ect.

Than7ing ou

ours /incerel%#

(adhuri Da$ral"Dated 29.0.2010 Director (B/"

Room 4o. 380Da7 ha&an.

This Annexure is a true cop% of the original


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!nne


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are no entries in the emo of /erices as nothing aderse has eer$een recorded therein or cone%ed to me.

8. The facts in $rief are that + had completed m% four %earstenure in )ar%ana Circle ? had put in a re'uest ide m% application

dated 12.02.2008 to $e considered for posting as either D//himla# ). or D/# Dehradun# ttara7hand. + had not put in an%re'uest for posting in un,a$ Circle as + did not &ant to $e postedthere due to personal reasons ? + &as hopeful of m% posting as D//himla especiall% since /hri .; Lalia &ho &as &or7ing in his home/tate )imachal as D/ /himla had also completed his tenure and&as lo$$%ing hard for the post of D/ Chandigarh. )o&eer as latereents transpired# /hri Ii,a% hushan &as not in faor of posting/hri .; Lalia again in Chandigarh as he had preiousl% &or7edthere as D/ from 23..19 to 10.1.2000 ? /hri Ii,a% hushan

had also gien aderse ACR to /hri .; Lalia as he &as not satisfied$% his &or7# thus he transferred me to Chandigarh despite m%re'uest to the contrar%# to $loc7 the chances of /hri Lalia from$ringing an% 7ind of pressure ? /hri Lalia &as posted as D/Raipur# Chattisgarh Circle. ut /hri .; Lalia did not ,oin inChattisgarh Circle and remained on leae ? thereafter he &asposted as D/ Iadodara# u,arat Circle on his o&n re'uest ?&or7ed there from 8.:.2008 to 3.:.2009. +n the mean&hile# &hile&or7ing in un,a$ Circle# + applied for AA Course at ++A ?,oined the same from 1.:.2009 to 01.8.2006. /ince no& the post

had $ecome acant in un,a$ Circle /hri .; Lalia again lo$$ied ashe &as 7een to $e posted near his home to&n ? &as posted inChandigarh on his o&n re'uest during training acanc% ide D;etter 4o. 2!:


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%een issue$ to me nor as it %een mentione$ in !+,. (nfactin not a sin"e fi"e of (n$ore ,eion as any a$verse notin%een iven anyere as far as ( remem%er #; as infactappreciate$ te stream"inin of orA in some fi"es tere isnotin $escriptive or any reasons or inci$ents cite$ in

support of suc remarAs tus in te first instance it isimperative tat te ,eportin fficer is asAe$ to ivesupportive &ustification aainst eac suc remarAs recor$e$%y im tereafter ( %e provi$e$ an opportunity to su%mitmy points of contention. Suc action i"" %e in te interest ofnatura" &ustice. e cannot ave a situation erein te,eportin fficer casua""y notes $on %e"o %encmarAvaue unsu%stantiate$ remarAs an$ it is "eft to te ap"essofficer reporte$ upon to $efen$ imse"f for no apparentreason as no &ustification or reason as %een cite$ %y te

,eportin fficer in support of is remarAs. *us ( re@uestyour onour tat te ,eportin fficer may %e asAe$ tosu%stantiate tese %e"o %encmarA entries recor$e$ an$provi$e supportive evi$ence as te @ua"ity of my orA as%een of te iest stan$ar$ an$ ( a$ orAe$ to te %est ofmy a%i"ities ic i"" %e evi$ent on perusa" of te fi"es an$recor$s of (n$ore ,eiona" ffice of tat time.

6. As per D osts ;etter 4o. 8!80


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ara=7Bith a ie& to ena$ling them to ma7e correctoer!all assessment of the &or7 and conduct of theirsu$ordinates# the reporting officers are re'uired tomaintain memoran$um of services in respect ofeach officer emplo%ed under them. All instances of good

and $ad &or7 coming to the notice of the reportingofficer should $e promptl% noted in the memo ofserices. *e memoran$a of services sou"$invaria%"y %e consu"te$ at te time of ritin ofannua" reports.The memoranda of serices in respectof an officer should $e a complete and continuousrecord of his serice and accordingl%# it sou"$ not %e$estroye$ after the annual report has $een &ritten.The entries in te memo of services sou"$ %e%ase$ on facts an$ $ocumentary evi$ence. 5or

&riting the annual report onl% those entries in thememo# &hich pertain to the %ear of the report# should$e ta7en into account. As te memo of services iste so"e %asis for ritin te annua" reports thereporting officer at the time of su$mitting reports to thecountersigning authorities# if an%# sou"$ maAe aspecific mention in te forar$in "etters tatmemoran$um of services ave %een maintaine$an$ consu"te$.

. As is eident from the a$oe proisions in the ?T anual#Iolume!+++ the emo of /erices is a permanent record as it is notto $e destro%ed. oreoer emo of /erices has to $e inaria$l%consulted at the time of &riting ACR and an% entries in emo of/erices should $e $ased on facts and documentar% eidence. TheACR is to $e $ased solel% on the entries made in emo of /erices./ince during the period nothing aderse &as eer cone%ed to me$% the Reporting -fficer# /hri /antosh auriar and as the emo of/erices has also not $een maintained and no facts or documentar%eidence has $een cited as reason for recording $elo& $enchmar7 ?

Aderse grading in the ACR $% the Reporting -fficer# thus suchgrading is unsu$stantiated and therefore it is re'uested that theACR grading ma% 7indl% $e upgraded to a$oe enchmar7 foreligi$ilit% for promotion.

. +n the instructions portion of ACR as per ara!1 and 2 thefollo&ing guidelines has $een gien!

1. "he 0onfidential 2eport is an importantdocument. It provides the basic and vital

inputs for assessing the performance of anofficer and for his her further advancement


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in his &her career. "he !fficer reported upon,the 2eporting uthority, the 2eviewinguthority and the accepting uthorityshould, therefore, under take the duty offilling out the form with a high sense of

responsibility.

$. Performance appraisal through 0onfidential2eport should be used as a tool for humanresource development. 2eporting officersshould reali6e that the ob9ective is todevelop an !fficer so that he&she reali6eshis&her true potential. It is not meant to bea fault'finding process but a developmentalone. "he 2eporting !fficer and the

2eviewing !fficer should not shy away fromreporting shortcomings in performance,attitudes or overall personality of the officerreported upon.

10. The a$oe guidelines hae not $een adhered to $% theReporting -fficer. The remar7s ? o$serations made $% the #/hri /antosh auriar are of general nature# not supported $% facts+nfact it has $een &ritten in such a manner that nothing descriptiehas $een gien ? in ma,orit% of cases ,ust one &ord remar7s li7e

>ood* or >Aerage* is gien &ithout proper supportie eidence or,ustification. /uch casual &riting of ACR and unsu$stantiated $elo&enchmar7 rading &ill hae a demoralising effect and &ill $edetrimental to the efficienc% of serice in the long run. As perproisions of * #anua" -o"ume=(((Chapter titled >Confidentialrecord of &or7 and conduct of officers of the Department* ara!:states as under !

ara=7erit as reflected in the confidential reports isgenerall% recogniOed as the main criterion for deciding

the cases of promotion to higher grades. +t is# thereforevery important %ot in te interest of efficiency ofte service an$ a"so of te officers tat tereports are ritten it te reatest possi%"e careso that the &or7 conduct# character and capa$ilities ofthe officers reported upon can $e accuratel% ,udgedfrom the recorded opinion.

11. oreoer as per proisions of ara!10 of ?T anual Iolume!+++# I+t is the dut% of a reporting officer not onl% to ma7e an

o$,ectie assessment of the &or7 and 'ualities of his su$ordinates%ut a"so ive at a"" times te necessary ui$ance an$


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assistance to correct is fau"ts an$ $eficiencies. i"erecor$in a$verse remarAs te reportin officer sou"$in$icate te efforts ma$e %y im to et tose $efectsremove$. He sou"$ a"so provi$e necessary traininerever possi%"e.)o&eer throughout the period the did

not gie an% adice or guidance or cone% an% displeasure or pointout an% shortcomings or deficiencies and hence unfortunatel% theerformance appraisal through Confidential Report has $ecomemore of a fault!finding exercise ? $lame game instead of $ecominga tool for human resource deelopment.

12. The # +ndore Region# /hri /antosh auriar has not gienan% concrete reasons or ,ustification for the $elo& $enchmar7 ?Aderse grading &hich are not $ased on o$,ectie assessment andthe officer has not exerted ? applied his mind sufficientl% &hile

&riting the ACR. =en if a su$ordinate officer is to $e taught thelesson of his life and the ACR $e used as an instrument to settlescores still the Reporting -fficer &ill hae to exert himself# collecteidence meticulousl% throughout the %ear# issue recorded&arnings# memo# admonitions# adisories after giing the officerade'uate opportunit% to defend himself and thereafter the aderseACR can $e gien. The Reporting -fficers can not sit in comfort ?not exert themseles ? &rite ague aderse ACRs at the lastmoment ? not cone% the same so that the% can hide $ehind theeil of secrec% ? feel safe on the one hand as &ell as glo& in

happiness at the ignorance of the targeted officer &ho remainsuna&are ? continues &or7ing hard ? the Reporting -fficer en,o%sthe fruits of his hard &or7 ? ta7es all the credit# spreads rumoursa$out the hapless officer $ehind his $ac7 ? sho&s his po&er ?authorit% $% recording aderse entries# after conniing &ith theReie&ing -fficer $ecause he does not &ant to $e sha7en from hiscomfort Oone. The er% fact that the Reporting ? Reie&ing -fficershae acted in unison ? &ithheld the aderse ACR deli$eratel% isade'uate reason enough to expunge and upgrade all such entries$ecause such action has $een in gross iolation of oernment

instructions on the su$,ect. The entire ACR &riting has $eenrelegated to one liners and ood and Aerage grading has $een&ritten casuall% against some of the columns. The entire exercise ofACR &riting has $een triialised and the Reporting -fficer hasadopted a dismissie# casual approach to&ards such an importanttas7 ? has thus iolated the rules# &hich goern the responsi$ilitiesof the Reporting -fficers. Thus the a$oe goernment instructionshae $een flouted as it has $een &ritten in a most irresponsi$lemanner. The Reporting -fficer has not under ta7en the dut% offillingout the ACR form &ith a high sense of responsi$ilit% and has

therefore iolated the goernment instructions. oreoer this ACR&as neer cone%ed to me at that time though Aerage remar7s ?


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ood are all $elo& enchmar7 gradings ? is considered as anAderse ACR and hence the ACR has $ecome time $arred $% irtueof not $eing cone%ed to me at that time.

13. +t has $een laid do&n ide ara!: of ?T anual Iolume!+++@

Chapter titled >Confidential record of &or7 and conduct of officers ofthe Department* that@

fficers recor$in remarAs must rea"iJe teimportance of tese entries as teir oncompetency i"" %e &u$e$ part"y from teconfi$entia" remarAs tey recor$ a%out officersorAin un$er tem.

The Reporting -fficer has not discharged his duties properl%

and follo&ed goernment rules ? guidelines laid do&n for Reporting-fficers. The Reporting -fficer has acted and $ehaed in a mostcasual ? irresponsi$le manner as he has not cited a single reason orinstance in support of his contention. + cannot $e left to face the$runt and m% promotion stalled on the grounds that the Reporting-fficer failed to appl% his mind and exert himself and gie ade'uatereasons and ,ustification for aderse grading. ACR &riting is aserious matter and a %ear long exercise ? if $elo& $enchmar7aderse grading is to $e gien then the case has to $e $uilt upslo&l% and the officer issued emo*s# Barning etc and proided &ith

ade'uate opportunit% to defend himself and onl% after that theentries are first made in emo of /erices ? an officer gien furtheropportunit% to improe himself. ut the Reporting -fficer has notfollo&ed the rules and has triialiOed the &hole exercise of ACR&riting due to his irresponsi$le ? casual approach.

18. Against ara!1 of art!++ regarding $rief description of duties +hae gien follo&ing details !

S The /pan of control of +ndore Region is 13 nits# &hich

includes 2 Rail&a% ail /erice Diisions ? 11 ostalDiisions coering 29 Districts of the /tate of adh%aradesh. Total /taff!11820. Total ost -ffices!812:. +nArea ? opulation +ndore Region is larger than the/tates of Lerala# Assam# un,a$# )ar%ana etc

S To conduct Circle ;eel +nestigations in 5raud casesexceeding Rs. -ne ;a7h.

S nder RT+ Act!2009# Appellate Authorit% for all

su$ordinate nits ? C+- of Regional -ffice $eing )eadof -ffice.


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S To discharge functions of Disciplinar% authorit% of+-


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9iv:. *is year 1?061 fres comp"aints ere receive$as compare$ to 27278 "ast year. *us tere is$rastic re$uction in num%er of comp"aints $ue toviorous monitorin improve$ @ua"ity ofservice. *is year . of comp"aints cases as

1186 tota" cases ere 20247 out of ic1?734 cases ere fina""y sett"e$. *e percentaeof c"osure comes to ?7.46 O. 100O comp"aintsprocesse$ on"ine e% %ase$ comp"aintsmonitore$ c"ose"y.

9v:. ! tota" of 36 rau$ Loss cases $etecte$ 24rau$ cases fina""y c"ose$ trou viorousmonitorin. rite off cases for ,s. 1145000K=processe$. !s per Secretarys D. Letter )o.10=

1K2006=(nv $ate$ 18.7.2006 a taret of 25Ore$uction in tota" cases as %een acieve$.

9vi:. 10t"an taret for Cear 2006=07 of provision of(nfrastructura" e@uipment for ?3 ranc ostffices openin of 1 ost ffice penin of 5rancisee ut"ets fu""y acieve$. ! tota" of 7 ostoffices ere c"ose$Kmere$. 2 ost fficesre"ocate$ 12 ost offices $onra$e$. 160 ostffices ere reviee$. *riennia" Kinancia"

,evie of ?11 ranc ost ffices carrie$ out.

(ii". Annual +nspections allotted &ere conductedmeticulousl% ? er% detailed +nspection Reports issued.

9viii:. 11 !ppea" cases un$er ,u"e=14 4 Decisionsun$er ,u"e=14 11 !ppea" cases aainst Dies )on4 ;DS !ppea" $eci$e$ it )(L pen$ency in tesecateories. ! tota" of 16 ,u"e=16 !ppea" casesere $eci$e$. *us a tota" of 46 cases $eci$e$

un$er various cateories.

16. The +ndore has gien follo&ing remar7s# 21 *ully agree tola!t two achieve#ent! !hown again!t Part-11>9?0 5arget!? the incident! o* PunjabCircle are not relevant hence 1 do not agree. 1 however *ully agreewith !igni*icant achieve#ent! again!t 11 >?7.


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The a$oe remar7s are unfounded and factuall% not correct.+n fact as per m% RT+ application dated 16.06.2010 + haere'uested for month &ise figures of achieement under all theseheads for the period 01.08.2006 to 31.03.200:. The informationhas not $een proided as C+- refused to for&ard m% applications

in contraention of D osts instructions. )o&eer + am confidentof getting the information at Appeal stage ? hence &ill $esu$mitting a supplementar% representation if re'uired. )ad thisACR $een cone%ed to me at that time itself + could hae easil%gathered the information# as it &as easil% aaila$le. An%&a% it is a7no&n fact that the $ul7 of $usiness is achieed to&ards the secondhalf of the %ear# the supporting eidence &ill $e proided on receiptof information under the RT+ Act. +nfact &hen + had ,oined a largenum$er of files &ere l%ing un!disposed ? the D/ ()N" /hri Dae &ho &as holding dual charge of D/# +ndore# promptl% sent

$ac7 3!8 month old files# &hich had not $een cleared $% him ?remained simpl% dumped in Circle -ffice. -n m% ,oining + cleared allthe files. The er% fact that remar7s of are not $ased on factsand is a s&eeping statement merel% to denigrate m% achieements.5or example /ecretar%*s D.- ;etter 4o.10!1


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Reporting -fficer has not gien an% reasons as to &h% despiteachieement of targets a $elo& enchmar7 grading has $een gien

1:. As per Directorate ;etter 4o. 8!18


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Candidates ? /taff upon ostal Administration could $erestored ? the Recruitment &as completed in a ,ust ?fair manner. As a sharp contrast +ndore Region has acordial ? peaceful atmosphere.K

+n response to this ara the Reporting -fficer# +ndore hasgien the remar7s# JIn case of II (3) the incidents of Pun9ab0ircle are not relevant hence I do not agree.H 5urther theReporting -fficer has gien aderse Aerage grading against t&oara*s i.e. against art!+++# ara! (" oint M 8 and art!+++# ara!(" oint M 6 and the disagreement remar7s as &ell as aderseremar7s hae not $een cone%ed to me &hich is in contraention ofrules $ecause an% aderse entr% has to $e compulsoril% cone%ed tothe -fficer. The DD (Iigilance" in the Directorate &as handling allmatters pertaining to disagreement notes or aderse entries inACRs of officers at that time and &as re'uired not onl% to cone%the same $ut also to ta7e appropriate igilance action on an% ara#&hich highlights grae irregularities. +t &as onl% later on that this&or7 &as transferred from Iigilance ranch to /taff ranch ide Dosts -ffice -rder 4o.!08 of 200: issued ide ;etter 4o. 1!01


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(nterna" +ecA raniJation 9Savins anA: in,eiona" ffice. ! $etai"e$ torou (nspection,eport as issue$. *e %ranc as comp"ete"yoverau"e$ rescri%e$ ,eisters ere otmaintaine$ prescri%e$ proce$ure

ru"esKreu"ations fo""oe$ as ensure$.

9iv:. +on$ucte$ $etai"e$ torou +irc"e Leve"(nvestiation in rau$ case at eroar /&&ainamountin to more tan ,s. ourteen LaAs.Detai"e$ +L( su%mitte$ itin recor$ 6 $ays.+ompreensive meticu"ous ui$e"ines oncon$uct of Divisiona" Leve" (n@uiries in frau$cases "acA"istin of S !ents etc issue$.

9v:. /n$er ,*( !ct=2005 $ispose$ off a tota" of 25!pp"ications out of ic 17 app"ications as!ppe""ate !utority 8 cases as +( time"y.

20. +n the context of a$oe ara# against the ara ART!+++!A4ature and 'ualit% of &or7 regarding!

1. lease comment on art!++ as filled $% the officerand specificall% state &hether %ou agree &ith theans&ers relating to targets and o$,ecties#

achieements# shortfall and constraints. The +ndore# /hri /antosh auriar has gien remar7s# JIhowever fully agree with significant achievementsagainst II (3)H.

Thus all the a$oe significant achieements cited in ara!1a$oe hae $een full% agreed to $% /hri /antosh auriar# +ndore. As the Reporting -fficer has not gien an% reasons as to&h% despite his agreeing to all the a$oe achieements he hasgien me $elo& enchmar7 assessment. +n fact after + had

successfull% completed 3 /creening Committee eetings andcleared a record of 120 cases of officials for promotion and &ipedout the pendenc% of the past ? conse'uent unrest ? frustration ofthe staff it had &on oer the hostile /taff nions &ho &ere happ%that + had the a$ilit% to stand $% m% promise to the /taff nionsduring i!monthl% meeting. Ier% old unopened sealed coers &erel%ing pending for %ears ? no one had $othered to open these. +screened all the past minutes of DCs and segregated all theofficials from 18 on&ards &ho had $een dropped ? cases 7ept insealed coers man% of &hich had $een lost and also directed all

Diisional )eads to carefull% examine all gradation lists as &ell asserice $oo7s and send all such cases as an% in,ustice on this


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account needs to $e aoided. As a result the old sealed coer casesof a$out 2 officials &ere cleared. Bhen these officials receiedtheir arrears the% came to meet me expressing their gratitude asman% of them receied arrears for more than 9!6 %ears. The +ndore had appreciated m% initiatie in file as &ell as in nion

eeting &hen the /erice nions had expressed their gratitude forresoling this long pending demand. oreoer it goes to m% creditthat + conducted the Annual +nspection of +C- (/" for the first timein 18 %ears of existence of separate +nternal Chec7 -rganiOation(/aings an7" in Regional -ffice. As a result the A-+C- &ho hadnot een $othered to issue inspection reports of )ead ost -ffices intime in the past and had claimed TA


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&illingness and initiatie to learn and s%stematiOehis


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1. lanning a$ilit%!

lease comment &hether the officer anticipatespro$lems# &or7 needs and plans accordingl% and

is a$le to proide for contingencies.

The +ndore has gien follo&ing remar7s#Les.H

(g". 2. /uperisor% A$ilit%!

lease comment on the officer*s a$ilit% relating to

(i" roper assignment of tas7s

The +ndore has gien follo&ing remar7s#5ery =oodH.

(h". ART!+I =4=RA;

1. /tate of health

The +ndore has gien follo&ing remar7s#5ery =oodH.

(i". 2. +ntegrit%

The +ndore has gien follo&ing remar7s#0ertified as 5ery =oodH.

22. +n the ACR Report the has gien $elo& enchmar7grading in the follo&ing seen ara*s cited from (a" to (g"reproduced $elo&!

(a". 2. Nualit% of -utput!

lease comment on the officers 'ualit% ofperformance haing regard to standard of &or7and programme o$,ecties and constraints# if an%.

The +ndore has gien follo&ing remar7s@"he 8uality of performance is goodH.

The has not cited an% specific reason $ased on &hich he

has arried at this conclusion. Against this column Reporting -fficer&as re'uired to comment on the officer*s 'ualit% of performance


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haing regard to stan$ar$ of orA an$ proramme o%&ectivesan$ constraints if an%. The 'ualit% of performance has $eenexceptional# standard of &or7 of the highest order ? constraints&ere tremendous as the Regional -ffice administration ? command? control structure &as &ea7 &ith -fficers in senior management

actiel% inoled ? contri$uting in local politics of the staff of pett%nature. + toned up the administration ? strengthened it ? gae anaccessi$le $ut strong administration ? successfull% negated allpolitics so that staff utilises time constructiel% on office &or7. The&or7 &as monitored closel% ? the 10th lan targets &ere full%achieed. The 10th lan target for ear 2006!0: of proision of+nfrastructural e'uipment for 3 ranch ost -ffices ? opening of 1ost -ffice ? -pening of 9 5ranchisee -utlets &as full% achieed.oreoer the final settlement ? closure of 5raud cases &as full%achieed. As per /ecretar%*s D.- ;etter 4o.10!1


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dependent upon $orro&ed 7no&ledge of su$ordinates or the &isdomof Dealing Assistants or +-s


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tere as not %een a sin"e comp"aint aainst me from any@uarter %e it te Service /nions te enera" u%"ic or testaff or even my superiors. *e #;K+#; ave not rittena sin"e a$verse o%servation in tis rear$ in any fi"e notinor issue$ arnin or a$monitions etc. *us it is evi$ent tat

$ue to my positive attitu$e He"pin nature easyaccessi%i"ity responsiveness etc ( ave en&oye$ a very oo$rapport it everyone. (n support of my contention ( ou"$"iAe to cite tat te num%er of comp"aints re$uce$ $rastica""yfrom 27278 in te previous year prior to my &oinin to1?061 tus tere as %een a $ec"ine of 7217 comp"aintsic is tremen$ous acievement. ( ave re@ueste$ forinformation un$er te ,*( !ct an$ once information isreceive$ ( i"" %e a%"e to prove tat te stea$y rise incomp"aint cases prior to my &oinin as arreste$ $ec"ine$.

*e percentae of c"osure of comp"aints cases as as i as?7.46O a"" tis as enuine $ata %ecause ( asmonitorin a"" e%=%ase$ comp"aints an$ ( use$ to cecAstatus on my computer. Due to @uicA processin of comp"aintcases conse@uent re$uction in comp"aints e a$ receive$very positive coverae in te nespapers. Ha$ tis %e"o%encmarA remarAs %een conveye$ to me at tat time (cou"$ ave prove$ to te contrary %y provi$in numerousress c"ippins in ic our efforts a$ %een appreciate$.Since te ,eportin fficer as not cite$ any specific reason

or ever iven any a$vice even in fi"e notin "et a"one issue#emos or a$visories tus tere is no %asis for rantin tis%e"o encmarA ;ra$in ence it may p"ease %eupra$e$ to a%ove encmarA.

(d". (ii" +dentification of proper personnel forperforming the tas7s@

The +ndore has gien follo&ing remar7s#=ood.H

The Reporting -fficer has not cited an% specific reason $asedon &hich he has arried at this conclusion. Against this columnReporting -fficer &as re'uired to comment on the officer*s a$ilit% to$e a$le to identif% proper personnel for performing the tas7s. The +ndore has gien a one!&ord remar7 as ood. There are nodescriptie reasons or incident cited to ,ustif% this $elo& enchmar7rading ? the matter has $een dismissed &ith a casual one &ord.)o&eer under the column Supervisory !%i"ity in ic teofficers a%i"ity re"atin to proper assinment of tasAsis to $e

commented upon the has made the generous remar7s as -ery;oo$.Thus $oth these remar7s are contradictor% if superisor%


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a$ilities are excellent then this is possi$le onl% &hen an officer canrecognise the potential of each staff ? their areas of interest ?assign them tas7s ? ta7e &or7 out of them optimall% $ecause thestaff gies higher 'uantum ? $etter 'ualit% of &or7 if the% areassigned areas of their interest. 4o amount of dail% or minute!to!

minute monitoring can $ring improement ? the onl% &a% to $ringimproement is $% getting the staff inoled in their &or7. Thereare large num$er of -fficers &ho 7eep on complaining against theirsu$ordinate staff ? change their .A ? orderl% fre'uentl% findingfault &ith them. + hae neer changed m% staff or transferred orsurrendered officials in m% entire career $ecause + am a$le to ta7e&or7 out of them as + motiate the staff through guidance ? settingan example $efore them and do not expect that# &hich + cannotm%self do. Thus it is unfortunate that the has made such as&eeping statement. /ince the Reporting -fficer has not cited an%

specific reason or eer gien an% adice een in file noting let aloneissue emos or adisories thus there is no $asis for granting this$elo& enchmar7 rading ? hence it ma% please $e upgraded toa$oe enchmar7.

(e". (iii" uidance in the performance of tas7s@

The +ndore has gien follo&ing remar7s#=ood.H

The Reporting -fficer has not cited an% specific reason $asedon &hich he has arried at this conclusion. Against this columnReporting -fficer &as re'uired to comment on the officer*s a$ilit% onproiding guidance to the staff in performance of tas7s. +n thisregard + &ould li7e to reiterate that + hae proided guidance to thestaff at eer% stage. A perusal of m% +nspection Reports &ill ma7e itampl% clear that + hae cited numerous rulings in the +nspectionReports itself so that the staff can rectif% shortcomings on thisaccount. )o&eer# against the column# attitu$e to orArear$in e


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an% adice een in file noting let alone issue emos or adisoriesthus there is no $asis for granting this $elo& ench

2-cat principle bench, new delhi

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