Eapen P.V vs Union Of India & Anr.
2021 Latest Caselaw 3064 Del

                          $~27
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 12693/2021
                                 EAPEN P.V                                               ..... Petitioner
                                                   Through      Dr. Surender Singh Hooda and Mr.
                                                                Aayushman Aeron, Advocates.
                                                   versus

                                 UNION OF INDIA & ANR.                              ..... Respondents
                                               Through          Mr. Rishabh Sahu Central Govt. Sr.
                                                                Counsel with Adv. Syed Hussain Adil
                                                                Taqvi Government Pleader, Sameer
                                                                Sharma Advocates.

                          %                                   Date of Decision: 12th November, 2021.

                          CORAM:
                          HON'BLE MR. JUSTICE MANMOHAN
                          HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                            JUDGMENT

MANMOHAN, J (Oral):

1. The petition has been heard by way of video conferencing.

2. Present writ petition has been filed seeking directions to the Respondents to decide the Petitioner's representation dated 5th December, 2019 challenging the adverse remarks in his Part Performance Appraisal Report [PPAR] that resulted in below benchmark grading for the period between 1st April, 2015 and 23rd September, 2015.

3. Learned counsel for the Petitioner states that the petitioner was communicated the below par PPAR on 23rd November, 2019 vide letter dated 11th November, 2019 and was called upon to represent against the

Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:13.11.2021 13:48:51 PPAR by 23rd November, 2019. He states that the Petitioner first represented against the PPAR vide his Representation dated 5th December, 2019. He further states that despite lapse of almost two years since his Representation and multiple reminders, the Petitioner is yet to receive a final decision on the Representation.

4. Learned counsel for the petitioner states that delay in deciding the Petitioner's Representation is violative of the BSF's guidelines contained in para 4.18 of the BSF APAR Procedure and Instructions 2012. He states that a DPC is to be convened by the Respondents for Promotion to the rank of Inspector General and the Petitioner being the senior-most DIG, is at the top of the list and the below benchmark PPAR grade will severely impact the Petitioner's chances for promotion.

5. Since the next DPC is likely to be convened on or before 31st December, 2021, this Court disposes of the present writ petition by directing Respondent no.1 to decide the Petitioner's representation dated 5th December, 2019 by way of a reasoned order, in accordance with law, within three weeks.

MANMOHAN, J

NAVIN CHAWLA, J NOVEMBER 12, 2021 KA

Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:13.11.2021 13:48:51