Interim order in a writ petition seeking expunging of downgraded annual character roll remarks for 2022-23, where the Director as concurring authority recorded 'Utkrishtha' but respondent no.1 graded it 'Achcha'. Standing counsel to file short counter affidavit; case listed for 29.08.2024.
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Court No. - 4
Case :- WRIT - A No. - 4163 of 2024
Petitioner :- Sanjay Kumar Mathur Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Energy Lko. And Another Counsel for Petitioner :- Shireesh Kumar,Utkarsh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
2. Heard.
3. Instant petition has been filed praying for expunging the remarks recorded by respondent no.1 and concurrence expressed thereon in the Annual Character Roll of the petitioner for the year 2022-2023, a copy of which is Annexure-4 to the petition.
4. The contention of learned counsel for the petitioner is that as per paragraph 13 of the petition, the petitioner is working as Deputy Director in the department. The next higher authorities of the petitioner are Joint Director, Additional Director and Director. The Joint Director is the reporting officer of the petitioner, the Additional Director is the Reviewing Officer of the petitioner and the Director is the concurring authority of the petitioner.
5. Placing reliance on the Government Order dated 15.03.1977, a copy of which has been filed as Annexure SA-1 to the supplementary affidavit, the contention is that as the reporting and the reviewing officers failed to record the entry of the petitioner for the year 2022-2023 consequently the Director in the capacity of being the concurring authority acted as a reporting officer and recorded the entry of the petitioner as 'Utkrishtha' itself. Copy of the said entry is Annexure-4 to the petition (Page 40). However, the respondent no.1, who is the next higher authority to the concurring authority by means of order dated 31.01.2024, a copy of which is part of Annexure-4 (Page 41) to the petition has graded the petitioner as 'Achcha'.
6. The contention is that as the entry of the petitioner has been downgraded from Utkrishtha to Achcha which could not have been done by respondent no.1 inasmuch as the entry of the petitioner has been recorded by the concurring authority and as such respondent no.1 despite being the higher authority to the concurring authority had no jurisdiction to do so.
7. Strong reliance has been placed on the aforesaid Government Order dated 15.03.1977 in this regard.
8. Learned Standing Counsel prays for and is granted a week's time to seek instructions as to on what basis the entry of the petitioner had been downgraded despite the same having allegedly been recorded by the concurring authority.
9. List in the first week of July, 2024 as fresh.
10. Learned counsel for the petitioner states that departmental promotion committee for promotion to the post of Joint Director is scheduled tomorrow (30.05.2024).
11. Ms. Deepshikha, learned Chief Standing Counsel, states that no departmental promotion committee is scheduled either tomorrow or in the near future.
12. The aforesaid statement of learned Chief Standing Counsel is recorded."
Order Date :- 9.8.2024 Shravan
Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Sanjay Kumar Mathur
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Energy Lko.
Rajesh Singh Chauhan
As recorded by the court registry
8 orders share this CNR
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