Accepting Authority’s Timeliness in Appraisal Report Submission Upheld by Supreme Court; High Court’s Reassessment of IAS Ashok Khemka Officer’s Performance Deemed Inappropriate
The Supreme Court of India, in a significant judgment, dealt with the issue of timeliness and authority discretion in the completion of Performance Appraisal Reports (PAR) under the All India Services (Performance Appraisal Report) Rules, 2007. The apex court evaluated the legality of delays in the submission of appraisal reports of IAS Ashok Khemka and the extent of judicial intervention permissible in administrative decisions.
Facts and Issues:
The case revolved around the PAR of an IAS officer, Mr. Ashok Khemka, and involved differences in appraisal grades given by various authorities. The High Court of Punjab and Haryana had previously set aside an order by the Central Administrative Tribunal (CAT), leading to the current appeal. The key issues were:
Whether the delay by the Accepting Authority in finalizing the PAR was in breach of the PAR Rules.
The appropriateness of the High Court’s intervention in re-evaluating the officer’s performance.
Court’s Assessment:
Timeliness of Performance Appraisal Report: The Court held that while the Accepting Authority delayed the PAR, it was still within the ultimate timeframe of Rule 5(1) of the PAR Rules. This delay, per the Court, did not invalidate the appraisal.
Judiciary’s Interference in Administrative Decisions: The Supreme Court underscored that the judiciary should restrain from delving into the merits of administrative decisions, particularly those requiring specialized expertise, like evaluating an IAS officer’s performance.
Decision:
The Supreme Court reversed the High Court’s decision, restoring the assessment and grades given by the Accepting Authority in the PAR. The Court directed the Accepting Authority to resolve any pending representations within 60 days.
Date of Decision: March 11, 2024
The State of Haryana vs. Ashok Khemka & Anr.
