Union Of India & Ors. vs Faculty Association, AIIMS, Bhubaneswar & Anr.

O R D E R

i)

It is therefore humbly prayed that Hon’ble Tribunal may be graciously pleased to admit the Review Application and upon hearing the parties be further pleased to allow the Review Application and as a consequence there of your Lordships be pleased to modify the order at Annexure 1 allowing the Review Applicants to take steps in accordance with the letter dated 19.12.2021 vide Annexure A/4 of the Original Application and to modify the order regarding completing the entire process of submission of APAR as per timeline prescribed in accordance with DoPT OMs dated 30.01.1978 and 14.01.1993 for the ends of justice.

Heard learned counsels for the respective parties. Learned counsel for the respondents submits that in view of the interim order passed by this Tribunal on 10.12.2021, this matter has become infructuous since apprehension of the applicant with regard to the action, if any, to be taken by the previous Directior is no more there, since she has retired in the meantime. The main apprehension of the applicant was that they were asked to submit APARs before due date as per communication dated 19.12.2021 vide Annexure A/4.

It is ascertained from learned counsels for both sides that usual guidelines vide Annexure A/3 (page 16 of the OA) regarding submission of APARs can be followed by the applicants and respondents. There will be no problem for the applicants or the respondents if the time schedule as per the previous guidelines is followed so that the entire process for submission of APAR can be completed by 31.3.2022. Learned counsel for the applicants submits that the applicants will cooperate with the respondent authorities to enable them to complete the process of submission of APAR by 31.3.2022 and did not object to the submission made by learned counsel for the Respondents.

Mr. Verma, Sr.Standing Counsel for the respondents assures on behalf of the department that the respondents will not insist in taking any steps in accordance with the letter dated 19.12.2021 vide Annexure A/4 and it will be suffice if both sides are given scope to complete the entire process of submission of APAR by 31.03.2022. The applicants are not allowed to make any further delay in submission of APAR.

OA is accordingly disposed of. There will be no order as to costs.

i)

That it is humbly submitted that the crux of the matter before the Hon’ble Tribunal was that the respondents/applicants have challenged the order No. AIIMS/BBSR/Admin/ACR/387/4344 dated 26.11.2021 under Annexure A/4, issued by the Respondent No. 3 (in the OA) declaring the same as illegal, arbitrary and without justification and bad in the eye of law.

ii) That the applicants have issued one office order on 26.11.2021 (Annexure A/4 of the OA) for submission of Annual Confidential Report (ACR/APAR) for the part period 01^st April 2021 to 19^th December 2021 for AY 2021-22 whereby the officials whose reporting/reviewing/accepting officer is Director, AIIMS, BBSR were requested to submit their self appraisal for the period 01.04.2021 to 19.12.2021 to their reporting officer within 05 days and reporting officers were asked to forward it in another 05 days to Reviewing Officer, thereafter Reviewing Officer sends it to the Accepting Authority in another 03 days.

iii) That said office order was issued with approval of Competent Authority, in accordance with the instructions contained in the DoPT Office Memorandum dated 30.01.1978 and 14.01.1993 which provide that the Reporting Officer can write CR (Confidential Report) of his subordinates within one month of her retirement. Since the then Director was to retire on 31.12.2021 after her repatriation from AIIMS BBSR on 19.12.2021, hence all the officials whose reporting/reviewing/accepting officer is Director AIIMS BBSR were requested to submit their self appraisal for the period 01.04.2021 to 19.12.2021 as per Annexure A/4 of the OA.

iv) That in view of the order of the Hon’ble Tribunal dated 25.02.2021 if those officials whose reporting/reviewing/accepting officer is Director, AIIMS BBSR will submit their APARs within 31^st March 2022 as per order dated 25.02.2022, the previous Director, who retired on 31.12.2021, can not write CR of the officials, after 31.01.2022, in view of the instructions contained in DoPT OMs. Hence there will be administrative difficulty in compliance of the order of the Hon’ble Tribunal and further, the APARs for the above mentioned period will remain ureported/un-reviewed by the Reporting Officer/Reviewing Officer (the then Director in this case). This may create difficulty in assessment at the time of promotion in future for the concerned officials as the above period of assessment will remain unreported/un reviewed by the Reporting Officer/Reviewing Officer. If the then Director would not have to be retired on 31.03.2022 after her repatriation from AIIMS BBSR on 19.12.2021, then there would not have been any requirement for issuance of Office Order dated 26.11.2021 requring the officials for submission of Annual Confidential Reports (ACR/APAR) for the part period 01^st April 2021 to 19^th December 2021 for AY 2021-22 and in that case, usual guidelines/timelines in force regarding submission of APARs would have been followed.

v)

That it is humbly submitted that the order of Hon’ble Tribunal is in violation of the Instructions contained in the above mentioned DoPT Office Memorandums dated 30.01.1978 and 14.01.1993 and the review applicants/respondents were not properly heard by the Hon’ble Tribunal in absence of detailed counter reply on behalf of the review applicants/respondents, in the Original Application.

vi) That, further it is humbly submitted that the respondents have misrepresented the facts and points of law involved in the matter before Hon’ble Tribunal during hearing of the Original Application. The extension of timeline for submission of APAR in respect of Faculty & Non faculty staff of AIIMS Bhubaneswar for the year AY 2021-21 allowed by Competent Authority of AIIMS Bhubaneswar vide Office Order dated 06.07.2021 (Annexure A/3 of the OA) in pursuant to DoPT OM Dated 25.06.2021 (Annexure A/2 of the OA) in view of the Covid 19 situation was allowed for the AY 2021-21 and not for AY 2021-22 as there was no further instruction from Government of India (DoPT) for subsequent extension for the AY 2021-22. Therefore the law is apparent in the face of record and prayed to be modified/corrected for the ends of justice.

i.

Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him;

ii.

Mistake or error apparent on the face of the record;

iii.

Any other sufficient reason.

i.

A repetition of old and overruled argument is not enough to reopen concluded adjudications;

ii.

Minor mistakes of inconsequential import;

iii.

Review proceedings cannot be equated with the original hearing of the case;

iv.

Review is not maintainable unless the material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice;

v.

A review is by no means an appeal in disguise whereby an erroneous decision is re-heard and corrected but lies only for patent error;

vi.

The mere possibility of two views on the subject cannot be a ground for review;

vii.

The error apparent on the face of the record should not be an error which has to be fished out and searched;

viii.

The appreciation of evidence on record is fully within the domain of the appellate Court, it cannot be permitted to be advanced in the review petition;

ix.

Review is not maintainable when the same relief sought at the time of arguing the main matter had been negative.