Court No. - 34
Case :- WRIT - A No. - 12819 of 2018 Petitioner :- Kamlesh Jha Respondent :- Union Of India And 7 Others Counsel for Petitioner :- In Person Counsel for Respondent :- A.S.G.I.,Vivek Kumar Rai Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard petitioner in person and perused the record.
2. Annual Performance Appraisal Report (hereinafter referred to as “APAR”) for the period 01.04.2014 to 31.03.2015 was challenged before Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as “Tribunal”) in Original Application (hereinafter referred to as “OA”) No. 330/154/2017. OA has been dismissed by Tribunal vide judgment and order dated 14.05.2018, which is impugned in present writ petition.
3. Petitioner contended that details of work and performance have not been mentioned in APAR and, therefore, said entry for the year 2014-15 is not correct.
4. APAR is recorded by authorities concerned giving their findings and opinion in respect of work and performance etc. of concerned employee. It is not to be written like a judgment or Article, therefore, no detail is required for this purpose.
5. Allegations of mala fide have been levelled against Respondents- 6, 7 and 8 in OA but the same are very vague and self drawn inference on the part of applicant without substantiating the same. Allegations of mala fide are not only to be pleaded but have to be substantiated by placing relevant material which is not the case here. Tribunal, therefore, has not found any violation of statutory provision or otherwise patent illegality or lack of competence in the matter of recording of APAR. Despite repeated query, learned counsel for petitioner also could not show any manifest error in impugned judgment in question. We, therefore, find no merit in writ petition.
6. Dismissed.
Order Date :- 28.5.2018 AK