Thus, the Tribunal has recorded that the Reviewing Officer for the year 2001-02 has written her remarks 2 years and 2 months after Reporting Officer has written his remarks. For the year 2002-03, remark have been written by the Reviewing Officer after a gap of 1 year and 5 months and for the year 2003-04, remarks are written after Smt. Bhave left the department of Atomic Energy. The Tribunal has found that notwithstanding the ambiguity of date of writing of remarks by the Reviewing Officer the remarks still show that the Reviewing Officer has not taken pains to record detailed reasons for downgrading ACRs of the respondent from 'Very Good' to 'Average' (2 levels below). In fact the OM dated 23/09/1985 has prescribed the time schedule for preparation of the confidential report. The Reviewing Officer has far exceeded this time schedule. Having gone through the reasoning of the Tribunal, we do not find that the conclusion reached by the Tribunal about the adverse remarks and below-benchmark grading recorded by the Reviewing Officer after inordinate and unexplained delay is in any manner perverse or unwarranted.
Reliance on these gradings of the Reviewing Officer by the petitioners for denial of promotion to the respondent is therefore unjustified.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 953 of 2017
Decided On: 10.01.2018
Union of India and Ors. Vs. Vikas Chand Chaturvedi and Ors.
Hon'ble Judges/Coram:
V.K. Tahilramani, Actg. C.J. and M.S. Karnik, J.
Citation: 2018(2) MhLJ 403
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