ACRs with below benchmark grading considered in post DPCs – DoPT Order

No.21011/1/2010-Estt.A

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training 

North Block, New Delhi,

Dated the 28th September, 2012

OFFICE MEMORANDUM

The undersigned is directed to refer to this Departments OM of even number of even number dated 27th April, 2010.

2 In above mentioned OM dated 27th April, 2010, in the light of Orders issued by Honble Supreme Court in the SLP(Civil) No.15770/2009, Union of India Vs. A.K.Goel & Ors., all the Ministries/ Departments were advised that wherever petitions have been filed in the court to grant relief on the basis of the decision of the Supreme Court in Dev Dutt case (Civil Appeal No.7631 of 2002), the latest Orders of the Supreme Court in A.K.GoeI case may be brought to the notice of the Court.

3. The Supreme Court in the SLP in Uttam Chand Nahta’s case (SLP Civil Appeal No.29515 of 2010) by order dated 20/24th December, 2010 not only tagged the SLP with A.K.Goel case but also directed that status quo in the DPC proceedings which was subject matter of dispute before the CAT/High Court, shall be maintained (copy enclosed). In Uttam Chand Nahta’s case, the Supreme Court has duly taken note of Abhijit Dastidar case 2009 (16) SCC 146 while granting stay of the High Court order.

4. In view of above it is reiterated that wherever petitions have been filed in the court to grant relief on the basis of the aforesaid decision of the Supreme Court in Dev Dutt case, the Orders of the Supreme Court in Uttam Chand Nahta’s case (SLP Civil Appeal No.29515 of 2010) by order dated 20/24th December 2010 case may be brought to the notice of the Court. While all such petitions are required to be appropriately defended, the “limitation period” for filing review petition should also be strictly followed.

sd/-

(Mohinder Kumar)

Director (E-II)