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Civil · Reportable judgment

The State of Haryana vs Ashok Khemka & Anr.

Court
Supreme Court of India
Date
11 March 2024
Case No.
Civil Appeal No. 3959 of 2024
Result
Allowed
Bench
Vikram Nath, Satish Chandra Sharma
Citation
[2024] 3 S.C.R. 393 : 2024 INSC 190
Acts & Sections
Constitution All India Services (Performance Appraisal…
Supreme Court Reports [2024] 3 S.C.R. 393 : 2024 INSC 190
Issue for consideration
Whether the High Court was right in interfering with the order of the Central Administrative Tribunal which approved the decision of Accepting Authority altering the Personal Appraisal Report score under All India Services (Performance Appraisal Report) Rules, 2007.
Headnote

The Principal Secretary, State of Haryana challenged before Central Administrative Tribunal (CAT), Chandigarh branch, Chandigarh the decision of the Accepting Authority, Chief Minister of Haryana downgrading his Performance Appraisal Report (the “PAR”) score - No provision in the PAR Rules indicating that a contravention thereof would render the PAR in question invalid or would be met with any identified immediate consequence.

Held: When a provision declares no serious consequences for non-adherence of timelines then it becomes directory- The Authority has met the timelines prescribed under Rule 5(1) of the PAR Rules and complied with the mandatory timelines prescribed - No reason to expunge the remarks and overall grades awarded to 1st Respondent. [Paras 19-21]

Constitution of India - Art. 226 - Whether the interference of the order of the Central Administrative Tribunal (CAT) by the High Court was warranted – Principles discussed. Held: The overall grading and assessment of IAS Officers requires an in-depth understanding of different aspects of an administrative functionary such as their personality traits, tangible and quantifiable professional parameters which may include inter alia the competency and ability to execute projects; adaptability; problem* Author solving and decision-making skills; planning and implementation capabilities; and the skill to formulate and evaluate strategy - High court erred in entering into a specialized domain, i.e., evaluating the competency of an IAS officer - No requisite expertise and administrative expertise to conduct such an evaluation - Appeal allowed [Paras 27-28 & 31]

Keywords: IAS Officer · Effect of non-adherence of timelines · Power of High Court under Art. 226

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Satish Chandra Sharma, J. Introduction1 1. Leave granted. 2. The present appeal preferred by the State of Haryana seeks to assail the correctness of an order dated 18.03.2019 passed by the High Court of Punjab and Haryana (the “High Court”) in a writ petition bearing number CWP 317 of 2019 (O&M) wherein the High Court set aside an order dated 03.12.2018 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (the “CAT”) and, accordingly (i) expunged the opinion of the Accepting Authority; and (ii) restored (a) the opinion of the Reviewing Authority; and (b) the
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