A CISF employee challenged the downgrading of his ACR grading for 2009 and denial of MACP and promotion to Head Constable. Court found the Reviewing Officer downgraded 'Outstanding' to 'Average' without reasons, ignoring an appeal reversal to 'Good', and directed re-assessment.
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W.P.No.39534 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.39534 of 2016 and W.M.P.No.33813 of 2016
H.K.Mahapatra
... Petitioner
-vs-
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5.The Commandant,
Central Industrial Security Force Unit, Patratu, Ramgarh 829 119, Jharkhand State.
6.The Assistant Commandant, Central Industrial Security Force Unit, MRPL - Mangalore 575 030. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarfied Mandamus, to call for the records relating to the order passed by the 5th respondent dated 08.11.2011 in his Order No.E-15014/CISF/PTPS/ACR/2011/3347 and the order dated 26.07.2016 in his Order No.E28014/CISF/PTPS/DOC/ACR/2015/459 communicated by the 6th respondent dated 29.07.2016 in his Office Memorandum No.298 of 2016 in No. E-42099/CISF/MRPL/LEAVE/ DOC/2016/1552 and quash the same and to direct the 4th respondent to pass orders on the representation of the petitioner dated 08.07.2016 and promote the petitioner as Head Constable with effect from the year 2012 and grant MACP from 2010 to 2013 and pay all benefits.
: For petitioner Mr.R.Thiyagarajan
For respondents : Mr.M.Aravind Kumar, Senior Central Government Panel Counsel
******
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W.P.No.39534 of 2016
O RDER
This writ petition has been filed challenging the order passed by the 5th respondent, rejecting the request of the petitioner to consider his ACR grading for the year 2009, which was delibrately degraded by the Assistant Commandant, Central Industrial Security Force Unit, BLSM-Bhawanathapur, Jharkhand, without any reason.
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request to review the ACR. This was also turned down.
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31.12.2009, the petitioner was given a grading as 'Outstanding'. During the review, the Reviewing Officer has simply stated as follows:
“I do not agree. Hence, graded 'Average'.”
This order of the Reviewing Officer was on 05.01.2009. This
Court is at loss to understand how when the Reporting Officer has
graded the petitioner as 'Outstanding' on 02.01.2010, the Reviewing
Officer would graded him on 05.01.2009, that too, for the period of 01.01.2009 to 31.12.2009. Be that as it may, even in the annual remarks form, it is clearly stated that if the Reviewing Officer does not agree with the decision made by the Reporting Officer, he should specify the disagreement and reasons thereof. But, such a reason is not found in the Reviewing Officer order.
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W.P.No.39534 of 2016
'Good' has not been taken note by the 5th respondent in his impugned order. If the aggregate marks had been given to the petitioner on the basis of grading 'Good', there is every possibility of him having secured the bench mark viz., 50 marks.
Therefore, this writ petition is disposed of with a direction to the 5th respondent to once again re-consider the case of the petitioner in the light of the above observation of this Court and re-assess his marks and pass orders within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected W.M.P. stands closed. No costs.
18.07.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa
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W.P.No.39534 of 2016
To
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P.T.ASHA, J.,
ssa
W.P.No.39534 of 2016
18.07.2024
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1 issue framed by the court
Whether the petitioner's ACR grading for 2009 was improperly downgraded without stated reasons by the Reviewing Officer, affecting his MACP and promotion eligibility.
1 provisions across 1 enactments
H.K.Mahapatra
The Union of India, represented by its Secretary to Government, Ministry of Home Affairs, New Delhi
The Director General, Central Industrial Security Force
The Inspector General, Central Industrial Security Force, Southern Sector, Chennai
The Deputy Inspector General, Central Industrial Security Force, South Zone Head Quarters, Chennai
The Commandant, Central Industrial Security Force Unit, Patratu, Ramgarh
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
