The Supreme Court on Monday set aside remarks made by Haryana CM Manohar Lal Khattar against Senior IAS Officer Dr Ashok Khemka with respect to his Performance Appraisal Report. The court directed that the officer’s representation pending with the state government be decided.
The Bench comprising Justice Vikram Nath and Justice Satish Chandra Sharma was hearing the Haryana government’s challenge to a Punjab and Haryana High Court order, which set aside CM Manohar Lal Khattar’s (Accepting Authority) remarks and overall grade regarding Senior IAS officer Khemka’s PAR.
Notably, when Khemka was engaged as Principal Secretary to the Government of Haryana in the Science and Technology Department between April 8, 2016 and March 31, 2017, the Accepting Authority remarked on his Performance Appraisal Report (PAR) stating that the Reviewing Authority has differed with the Reporting Authority but not given any reason for the same.
The Chief Minister mentioned that the Senior IAS officer’s comment that the officer has shown excellent achievements under severe constraints contained in para 3 of Section IV can be so construed. He added that, however, this is not substantiated since neither the Reviewing Authority nor the officer himself has specified any constraint on what to talk of severe constraints. He concluded that he thinks that the report of the Reviewing Authority is slightly exaggerated.
Subsequently, Ashok Khemka sent comments under Rule 9(2) of the All India Services (PAR) Rules, but no response was received. He also made a representation under Rule 9(7B) of the Rules (for disclosure of full PAR), however, no response was forthcoming from the authorities.
Later in 2018, the IAS officer moved the Central Administrative Tribunal, Chandigarh, alleging that the Accepting Authority’s remarks were time-barred and since his representation had not been decided, the views of the Reviewing Authority had become final. He further prayed that the subject remarks and the overall grade recorded by the Accepting Authority be expunged, and also sought restoration of the overall grade of 9.92 recorded by the Reviewing Authority.
The Tribunal dismissed the plea ruling that the Accepting Authority recorded its appraisal within the time period prescribed under Rule 5 (1) of the 2007 Rules and para 9.4 of the General Guidelines. Consecutively, Khemka approached the Punjab and Haryana High Court challenging the order, which set aside the remarks and overall grade given by the Accepting Authority.
Through the impugned order, the High Court restored the opinion and overall grade of 9.92 given by the Reviewing Authority. It observed that though the Accepting Authority recorded that Reviewing Authority differed with the Reporting Authority without giving reason, the same was not correct, as the Reviewing Authority gave brief reasoning recording that the petitioner was well known in the country for effective professional integrity under very difficult circumstances. Aggrieved by the High Court order, the Haryana government filed the present plea.