Facts
The applicant, a Senior Instructor (TRD) in Eastern Railway, challenged the "AVERAGE" grading in his Annual Performance Appraisal Report (APAR) for the period 2019-2020
Source reference: para. 1-2Following a previous Tribunal order in O.A./350/2098/2021, the applicant submitted a representation on 07.04.2022 seeking an upgradation to "VERY GOOD" or "OUTSTANDING"
Source reference: para. 2-3This representation was rejected by the Senior Divisional Electrical Engineer (TRD) via a Speaking Order dated 17.06.2022
Source reference: para. 3The applicant contended that the grading was casual, violated Master Circular No. 28, and was unfairly influenced by disciplinary proceedings that were subsequently quashed or dropped
Source reference: para. 5.1-5.4Issues
1. Whether the Speaking Order dated 17.06.2022 was cryptic and failed to address the issues raised in the applicant's representation in accordance with Master Circular No. 28
Source reference: para. 92. Whether the Tribunal can interfere with the subjective assessment of performance made by reporting and reviewing authorities
Source reference: para. 12Law Applied
The court primarily applied the instructions contained in the Railway Board's Master Circular No. 28 dated 17.06.1991, which governs the recording and review of APARs for railway servants
Source reference: para. 2, 6.2It further relied on the administrative law principle that judicial bodies should not sit in judgment over the merits of a performance assessment made by competent authorities provided the assessment is objective and follows prescribed procedural instructions
Source reference: para. 10, 12Additionally, the court applied the Principle of Natural Justice regarding the right to a reasoned disposal of representations
Source reference: para. 14Reasoning
The Tribunal examined the impugned Speaking Order and found that the Senior Divisional Electrical Engineer had meticulously addressed the applicant's points, including the specific remarks in the APAR and the relevance of previous disciplinary actions
Source reference: para. 12-13The record indicated that while the Reporting Officer had suggested an upgrade to "Good," the Reviewing and Accepting Officers provided justifications to maintain the "Average" grading
Source reference: para. 12The Tribunal reasoned that the assessment process strictly adhered to Master Circular No. 28
Source reference: para. 11It emphasized that the scope of judicial review is limited to the decision-making process; since the applicant was given an opportunity to represent his case and the authorities passed a reasoned order, there was no procedural impropriety or violation of natural justice
Source reference: para. 12, 14Holding
The Tribunal held that the Original Application lacked merit, as the impugned Speaking Order was reasoned, followed statutory instructions, and complied with the Tribunal’s earlier directions
The Tribunal declined to substitute its own judgment for that of the reporting and reviewing authorities
Source reference: para. 12The O.A. was dismissed, and the "AVERAGE" grading was upheld
Source reference: para. 15Original Court PDF
SANTOSH KUMAR DASvsEASTERN RAILWAY
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