HC: Can't derail promotion over single below-benchmark grade

CHANDIGARH: A solitary below-benchmark grading in an annual confidential report (ACR)/annual performance appraisal report (APAA) cannot be allowed to derail promotion prospects of an officer with an exemplary service record, Punjab and Haryana HC has ruled."The Constitution requires that similarly placed officers be treated alike. To permit one tainted APAR to eclipse decades of meritorious service, allowing juniors to overtake a senior in an uniformed force, would amount to hostile discrimination, particularly when the rank carries an honour that endures retirement," Justice Sandeep Moudgil said in a Jan 23 order, setting aside adverse remarks recorded in the APAR of an Indo-Tibetan Border Police (ITBP) officer.Justice Moudgil held that an entry in an ACR/APAR which has a bearing on promotion prospects, even if not formally described as "adverse", must be communicated and remain open to challenge. Failing to do so, according to the court, violates the principles of natural justice and fair treatment for public servants.Roshan Sharma, a Second-in-Command (2IC) in the ITBP, challenged an "average" grading of 3.5 awarded for the period between April 1, 2022, and March 31, 2023.

Despite nearly 40 years of unblemished service, this single grading led to his exclusion from promotion to the rank of Commandant, Sharma said. The petitioner contended that grading was vindictive, following complaints he had made against senior officers.

The central govt opposed the plea, maintaining that the APAR was a fair, multi-tier assessment. After hearing both sides, the high court ordered the adverse remarks expunged. The court directed the ITBP to convene a review departmental promotion committee (DPC) within one month. The committee must reconsider Sharma's promotion by either ignoring the 2022-23 APAR or treating it as being at par with his previous successful gradings, the court said. "If found fit, (the ITBP is) to grant him promotion with all consequential benefits," said the HC order.