DOPT ORDERS 2012
No.21011/1/2010-Estt. A
Government of India
Ministry of Personnel , Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi
Dated the 28th September, 2012.
OFFICE MEMORANDUM
Subject: ACRs with below benchmark grading considered in past DPCs- reg
The undersigned is directed to refer to this Department’s OM of even number of even number dated 27th April, 2010.
2 In above mentioned OM dated 27th April, 2010, in the light of Orders issued by Hon’ble Supreme Court in the SLP(Civil) No.15770/2009, Union of India Vs. A.K.Goel & Ors., all the Ministries/ Departments were advised that wherever petitions have been filed in the court to grant relief on the basis of the decision of the Supreme Court in Dev Dutt case (Civil Appeal No. 7631 of 2002), the latest Orders of the Supreme Court in A.K.Goel case may be brought to the notice of the Court.
3. The Supreme Court in the SLP in Uttam Chand Nahtals case(SLP Civil Appeal No.29515 of 2010) by order dated 20/24 th December, 2010 not only tagged the SLP with A.K.Goel case but also directed that status quo in the DPC proceedings which was subject matter of dispute before the CAT/High Court, shall be maintained.(copy enclosed) In Uttam Chand Nahta’s case, the Supreme Court has duly taken note of Abhijit bastidar case 2009 (16) SCC 146 while granting stay of the High Court order.
4. In view of above it is reiterated that wherever petitions have been filed in the court to grant relief on the basis of the aforesaid decision of the Supreme Court in Dev Dutt case, the Orders of the Supreme Court in Uttam Chand Nahta’s case (SLP Civil Appeal No.29515 of 2010) by order dated 20/24th December, 2010 case may be brought to the notice of the Court. While all such petitions are rewired to be appropriately defended, the limitation period" for filing review petition should also be strictly followed.
SOURCE-http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/21011_1_2010-Estt.A-28092012.pdf