1991 PLP (C (PLC(CS))

In Part VI of the ACR under the heading `Over-all Grading' both the Reporting Officer and the Countersigning Officer/Director, Civil Defence, Punjab (Respondent No. 3) graded him `below average' and `not yet fit for promotion.' In his general remarks, the countersigning officer recorded as under: "I have no reasons to disagree with the remarks of the reporting officer pertaining to his integrity till the decision of the Court." This meant that the countersigning officer had agreed with the assessment made by the reporting officer but his agreement to the remarks regarding acceptance of bribe was subject to the final decision of the Court. When the case of the appellant for promotion was considered by the Departmental Promotion Committee on 19-5-1984 alongwith others it was deferred till the decision in the criminal case against him. Some of his juniors were, however, cleared by the Committee for promotion w.e.f. 1-6-1984. Ultimately, the Court acquitted him on 5-7-1985 by giving him the benefit of doubt. Thereafter his representation for expunction of adverse remarks was also accepted on 26-8-1986 but only partly inasmuch as only the following remarks under the column Pen Picture were ordered to be expunged: "Was caught red-handed accepting bribe." This meant that his general grading still remained `average', his integrity `poor', his overall Grading `below average' and fitness for promotion un-endorsed. In this backdrop the case of promotion of the appellant was again taken up by the DPC which in its meeting held on 25-5-1987 finally recommended his promotion w.e.f. 23-12-1986 against an existing vacancy. The appellant immediately representated to respondent No. 2 (Home Secretary/Appointing Authority) and requested that he should be given promotion w.e.f. 1-6-1984 i.e. the date from which his juniors were so promoted. The representation was considered by the competent authority and rejected on 2-7-1987 and hence this appeal before the Tribunal. Appellant's prayer relating to the expunction of the adverse remarks is hopelessly barred by time as the impugned order was issued as far back as 26-8-1986 whereas the appeal before the Tribunal has been filed on 12-7-1987. We have heard the learned counsel for the parties and perused the record produced before us. The contention of the appellant that the decision not to give him proforma promotion w.e.f. 1-6-1984 should not have based on his ACR for the year 1983 which contained reference to an incident which occurred in 1984 is based on ignorance or misconception of facts. The 1983 report contained only a brief reference to the corruption case under the column Pen Picture. It is true that this incident occurred in 1984 and the reporting officer should not, therefore, have mentioned it in the 1983 report. This in fact would have been a proper subject to be included in the ACR for the year 1984. Thus the competent authority rightly expunged it but allowed the rest of the remarks, including those relating to integrity and fitness for promotion, to stand. The acquittal of the appellant in the Anti-Corruption case must also have motivated the authority to strike down the remarks relating to that case in the 1983 report. We consider that in the face of an extremely damaging report, which was also endorsed by the countersigning officer, the Departmental Promotion Committee was within its rights not to accept the claim of the appellant to ante-date his promotion. In fact, the decision of the Committee to recommend promotion even from a subsequent date seems to have been motivated, despite such a damaging report, more by a feeling of compassion rather than his record because he had already retired on 18-3-1987 on attaining the age of superannuation. The result is that we find no merit in this appeal and dismiss it accordingly. There are no orders as to costs. Copies of the signed judgment be released to the parties according to the procedure of the Tribunal. M.Y.H./311/Sr.P ??????????????????????????????????????????????????????????????????????????????? Appeal dismissed.