CAT - ['Delhi']Administrative and Public LawEmployment and Labour Law

CAT Lets Audit Officer Renew APAR Challenge Within 7 Days Of Certified Copy; CAG Must Give Reasoned Decision Within 8 Weeks

CHANDAN KUSHWAHAv.COMPTROLLER AND AUDITOR GENERAL OF INDIA

CAT Lets Audit Officer Renew APAR Challenge Within 7 Days Of Certified Copy; CAG Must Give Reasoned Decision Within 8 Weeks. CHANDAN KUSHWAHA vs COMPTROLLER AND AUDITOR GENERAL OF INDIA. CAT - ['Delhi']. LawLens
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In brief

The question

Whether the applicant should be permitted to submit a fresh representation seeking reconsideration of the APAR grading.

The court held

The OA was disposed of with liberty to the applicant to file a fresh representation within seven days from receipt of the certified copy of the order.

It also directed

The respondents were directed to consider it and pass a reasoned and speaking order within eight weeks of receiving it.

The Tribunal made clear that it had expressed no opinion on the merits; the pending MA was also disposed of, with no order as to costs.

01Facts

The applicant, an Assistant Audit Officer, challenged an order dated 7 August 2026 rejecting his representation against an APAR grading of 5 for the period 5 October 2023 to 12 January 2024.

¶ 1

He submitted that his APARs for the periods immediately before and after had been graded “Outstanding,” with scores above 8, and alleged that the Reporting Officer was biased. He also stated that he had received no advice or communication about deficiencies in his performance.

¶ 1

At the hearing, the applicant sought permission to make a fresh representation, and the respondents did not oppose that request.

¶ 3–4

02Issues

i.Whether the applicant should be permitted to submit a fresh representation seeking reconsideration of the APAR grading.

¶ 3–5

ii.Whether the Tribunal should determine the merits of the applicant’s challenge to the APAR grading at this stage.

¶ 7

03Law Applied

The order cites no statute, regulation, or precedent and does not state or apply a substantive rule governing APAR assessment.

¶ 4–6

It proceeds on the parties’ consent: the applicant may submit a fresh representation, which the respondents must consider and decide by a reasoned and speaking order within the stipulated period.

¶ 4–6

The Tribunal expressly reserved the merits of the APAR dispute.

¶ 7

04Reasoning

The Tribunal did not assess whether the grading of 5 was justified or whether the alleged bias affected the Reporting Officer’s assessment.

¶ 3–7

Instead, noting that the applicant sought a fresh departmental consideration and that the respondents had no objection, it disposed of the OA at the admission stage by directing reconsideration through a fresh representation.

¶ 3–7

05Holding

The OA was disposed of with liberty to the applicant to file a fresh representation within seven days from receipt of the certified copy of the order.

¶ 5–8

The respondents were directed to consider it and pass a reasoned and speaking order within eight weeks of receiving it.

¶ 5–8

The Tribunal made clear that it had expressed no opinion on the merits; the pending MA was also disposed of, with no order as to costs.

¶ 5–8
CAT - ['Delhi']

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CHANDAN KUSHWAHAvsCOMPTROLLER AND AUDITOR GENERAL OF INDIA

CAT - ['Delhi'] · October 30, 2026

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