Service law – Performance Appraisal Report – Writing Performance Appraisal Report of the officers belonging to the Indian Forest Service-IFS by the officers in the Indian Administrative Service-IAS – Propriety:
Held: For writing Annual Confidential Reports-ACRs, in relation to officers up to the rank of Additional Principal Chief Conservator of Forest-APCCF, the “reviewing authority” or “reporting authority” should be the immediate superior authority-PCCF in the Forest Department – Thus, up to the APCCF, the “reporting authority” and the “reviewing authority” would be the person within the same department – It is only with regard to Principal Chief Conservator of Forests-PCCF that the “reporting authority” would be a person who was familiar with the work of PCCF and would be a person to whom he reports and who is superior to him in rank and hierarchy – Said “reporting authority” would be a person other than the one belonging to the service because there was no one superior to the PCCF within the service – Government Order dated 29.06.2024 notified by the Government of Madhya Pradesh with regard to writing Performance Appraisal Report of the officers belonging to the IFS that before evaluating the performance of the Divisional Forest Officer (Territorial), Conservator or Chief Conservator of Forest (Reporting Authorities) will seek a note from the District Collector and before evaluating the performance of the Conservator of Forests and Chief Forest Conservator (Territorial), Additional Principal Chief Forest Conservator (Development) will seek a note from the Divisional Commissioner – Said G.O. in violation of the order passed by this Court in the present proceedings dated 22.09.2000 –**Santosh Bharti’s case and is quashed and set aside – State of Madhya Pradesh to reframe the rules by strictly adhering to the directions issued in – **Santosh Bharti’s case, and as clarified by the MoEF and DoPT. [Paras 34, 37, 39, 41]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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