Smit Rekha Vishnoi vs Union Of India, Through And Ors

L. Narasimha Reddy, J

The applicant is an officer of Indian Revenue Services of 1977 Batch. For the years 2002-03 her APARs were treated as 'Good'. She pursued remedies for upgradation at various levels. This O.A is filed with a prayer to direct the respondents to quash the order dated 02.12.2013, through which, the respondents refused to upgrade the ACRs. The applicant contends that the view taken by the recording officer and reviewing officer were biased and though, adequate material was provided, the competent authority did not upgrade the APARs.

The respondents filed counter affidavit opposing the O.A. They stated that representation of the applicant was examined by the competent authority in accordance with the prescribed procedure and on consideration of the entire matter, upgradation of the ACRs was refused.

We heard Mr. P. Srinivasan with Mr. Rajiv M. Ray, learned counsel for applicant and Mr. Ravinder Aggarwal and Mr. Duli Chand for UPSC, R-3, Mr. Gyanendra Singh and Mr. Hanu Bhaskar, learned counsels for respondents.

The scope of interference by the Tribunal as regards the upgradation of APAR is very limited. It is only when clear bias is alleged or it is established that even if various attributes as assessed by the authorities are taken into account, a different result would ensue, that a possibility may exist for interference.

In the instant case, we do not find any such grounds. Added to that, the applicant retired from service, after having been promoted to the post of CCIT, as recently as in the year 2014. The APAR of 2002-03 becomes totally irrelevant at this stage. We, therefore, dismiss the O.A. There shall be no order as to costs.