Court Directs Fair Reconsideration of Downgraded Performance Reports Affecting Promotion
In a significant ruling, the Meghalaya High Court has directed the Union of India and other respondents to reconsider the Annual Performance Assessment Reports (APARs) of Shri Rakesh Chopra, a Superintending Engineer in the Border Road Organization (BRO), for the periods 2022-2023 and 2023-2024. The Court's decision comes after Mr. Chopra challenged adverse entries and downgrades in his performance reports, which he claimed were retaliatory and lacked procedural compliance.
Justice H.S. Thangkhiew, presiding over the case, emphasized that the Reviewing Officer downgraded Chopra's grading from 7.0 to 5.9 without providing specific reasons, as required by the Department of Personnel and Training (DoPT) guidelines. The Court held that such downgrading cannot be sustained without adherence to the prescribed procedure and ordered the impugned adverse remarks and grading to be set aside.
The Court further instructed that a fresh assessment be conducted by an authority unconnected with the impugned assessment to ensure fairness and objectivity. It also highlighted that any departure from the Reporting Officer’s assessment must be accompanied by specific and cogent reasons.
Regarding the APAR for the period 2023-2024, the Court noted the respondents' argument that the petitioner submitted his self-appraisal late and defectively. However, the Court pointed out that the DoPT guidelines require the Reporting Officer to initiate the APAR if the self-appraisal is not submitted, and thus, directed the respondents to reconsider the petitioner's case without denying benefits based on "technical invalidity."
The ruling mandates the respondents to complete the reassessment within six weeks and reconsider the petitioner’s case for all consequential service benefits, including promotion, if otherwise due. This decision underscores the importance of procedural compliance and fairness in the evaluation of government servants' performance reports.
Bottom Line :
Annual Performance Assessment Report (APAR) - Reviewing Officer must provide specific and cogent reasons for any departure from the assessment of the Reporting Officer - Adverse entries or downgrades cannot operate to the prejudice of an officer without proper procedural compliance.
Statutory provision(s): DoPT Guidelines, APAR Policy, DoPT OM dated 23.07.2009, DoPT OM dated 13.04.2010, DoPT OM dated 16.02.2009, DoPT OM dated 20.05.1972, DoPT OM dated 11.02.2016, APAR Brochure.
Rakesh Chopra v. Union of India, (Meghalaya) : Law Finder Doc id # 2977586
