Case: Balbir Singh Bedi Vs. State of Punjab &amp; Others

work performance during the previous years, or by a combination of either of the above, or of all the aforesaid methods. There cannot be any hard and fast rule with respect to how minimum merit should be ascertained. For the purpose of assessing the merit of employees, the employer may proceed with reference to four criteria (Period of service, educational qualifications, performance during last three years and interview) allocating separate maximum marks as regards each of the aforesaid counts. 14. In Haryana State Warehousing Corporation & Ors. v. Jagat Ram & Anr., (2011) 3 SCC 422 , this Court considered a similar issue and reiterated a similar view. The Court also observed that, for the purpose of according promotion on the principle of “seniority-cum-merit”, a comparative assessment of all eligible candidates is not permissible. Once a person has secured minimum marks with respect to merit, his seniority would play a significant role. Thus, in the event that an employee is found to possess minimum requisite merit, he is entitled to be considered for promotion on the basis of his seniority. 15. In view of the above, the law as regards this point can be summarised to the effect that, where a promotion is to be given on the principle of “seniority-cum-merit”, such promotion will not automatically be granted on the basis of seniority alone. Efficiency of administration cannot be compromised with at any cost. Thus, in order to meet said requirements, all eligible candidates in the feeder cadre must be subject to a process of assessment to determine whether or not an individual in fact possesses the specified minimum necessary merit, and in the event that he does possess the same, his case must be considered giving due weightage to his seniority. Furthermore, the statutory authority must adopt a bonafide and reasonable method to determine the minimum necessary merit, as is required to be possessed by the eligible candidate. It must also take into account his period of service, educational qualifications, his performance during his past service for a particular period, his written test, interview, etc. The authority must further be competent to allocate separate maximum marks on each of the aforesaid counts. Fixing such criteria, or providing for minimum necessary merit, falls within the exclusive domain of policy making. Thus, it cannot be interfered with by courts in the exercise of their judicial powers, unless the same is found to be off the mark, unreasonable, or malafide.16. The relevant portions of the executive instructions dated 29.12.2000 read as under: “(iii) In the case of promotion to posts with pay scales less than Rs.12000-16350, the benchmark will be ‘Good’. This benchmark will determine the fitness of the officer and person graded ‘Very Good’ or ‘Outstanding’ will not supersede persons graded ‘Good’.iv) Henceforth each Annual Confidential Report will be evaluated as under:-Outstanding : +A ……………..4 MarksVery Good : A ………………3 MarksGood : +B ……………….2 MarksAverage : B ……………….1 MarkACRsfor 5 years are taken into consideration for promotion. Out of a total of 20 marks, officers earning 0 to 14 marks will be graded overall ‘Good’ and those earning 15 to 17 marks will be graded overall ‘Very Good’. Those earning 18 to 20 marks will be graded as ‘Outstanding’. Departmental which are ‘Outstanding’ must have been out of the ordinary and reasons for giving grading must be cogent and well spelt out, to be accepted and outstanding. If the ACR does not fulfill the above criteria, the entry of the ‘Outstanding’ should be read as ‘Very Good’ only. An officer will not be fit for promotion if he is rated ‘below average’ in any of the 5 years.” 17. Similarly, the executive instructions dated 6.9.2001 so far as applicable in the instant case, read as under: “3. In the case of promotion to posts falling in Group ‘B’ the minimum benchmark will be ‘Good’ and there would be no supercession i.e. promotions would be made strictly on seniority- cum-merit.4. For making promotion in all the categories there should not be any adverse remarks in the ACRs under consideration.” 18. If, the instant case is examined in light of the aforesaid settled legal propositions, it becomes evident that even in the absence of the executive instructions, the State/employer has the right to adopt any reasonable and bonafide criteria to assess the merit, for the purpose of promotion on the principle of “seniority-cum- merit”. The aforesaid executive instructions are nothing but codification of directions issued by this Court in the cases referred to hereinabove. Therefore, a challenge made to the executive instructions on the ground that they were issued at a date subsequent to the date on which the vacancy arose, is meaningless. The present case is not the one where, Respondent No. 5 was found to be more meritorious, in fact, the same is admittedly a case, where the appellant was unable to achieve the benchmark set, as it is evident from the record that his ACRs were average, and the benchmark fixed by the State was `Good’. 19. It is evident from the material on record i.e. from the counter- affidavit filed by the State that appellant faced criminal prosecution as FIR No. 25 dated 12.4.1996 had been lodged against him under Sections 7 & 13(ii) of the PC Act, 1988 and Sections 467/468/471/120-B IPC, at Police Station: Vigilance Bureau, Patiala, wherein the appellant faced trial though, acquitted as is evident from the judgment and order dated 2.5.2006 passed in Sessions Case No. 5 of 10.5.2001. His acquittal took place after five years to his retirement.Be that as it may, for the reason best known to the appellant, this fact was not disclosed by him either before the High Court or before this Court. It is another matter as what could have been the effect of pendency of the said criminal case so far as this case is concerned. Thus, we are of the view that the appellant did not approach the court with clean hands, clean mind and clean objective.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]15. In view of the above, the law as regards this point can be summarised to the effect that, where a promotion is to be given on the principle ofsuch promotion will not automatically be granted on the basis of seniority alone. Efficiency of administration cannot be compromised with at any cost. Thus, in order to meet said requirements, all eligible candidates in the feeder cadre must be subject to a process of assessment to determine whether or not an individual in fact possesses the specified minimum necessary merit, and in the event that he does possess the same, his case must be considered giving due weightage to his seniority. Furthermore, the statutory authority must adopt a bonafide and reasonable method to determine the minimum necessary merit, as is required to be possessed by the eligible candidate. It must also take into account his period of service, educational qualifications, his performance during his past service for a particular period, his written test, interview, etc. The authority must further be competent to allocate separate maximum marks on each of the aforesaid counts. Fixing such criteria, or providing for minimum necessary merit, falls within the exclusive domain of policy making. Thus, it cannot be interfered with by courts in the exercise of their judicial powers, unless the same is found to be off the mark, unreasonable, or malafide.16. The relevant portions of the executive instructions dated 29.12.2000 read asIn the case of promotion to posts with pay scales less than Rs.12000-16350, the benchmark will beThis benchmark will determine the fitness of the officer and person graded ‘Verywill not supersede persons gradedHenceforth each Annual Confidential Report will be evaluated as under:-Outstanding : +A ……………..4 MarksVery Good : A ………………3 MarksGood : +B ……………….2 MarksAverage : B ……………….1 MarkACRsfor 5 years are taken into consideration for promotion. Out of a total of 20 marks, officers earning 0 to 14 marks will be graded overalland those earning 15 to 17 marks will be graded overall ‘VeryThose earning 18 to 20 marks will be graded asDepartmental which aremust have been out of the ordinary and reasons for giving grading must be cogent and well spelt out, to be accepted and outstanding. If the ACR does not fulfill the above criteria, the entry of theshould be read as ‘Veryonly. An officer will not be fit for promotion if he is rated ‘belowin any of the 5 years.Similarly, the executive instructions dated 6.9.2001 so far as applicable in the instant case, read asIn the case of promotion to posts falling in Groupthe minimum benchmark will beand there would be no supercession i.e. promotions would be made strictly on seniority- cum-merit.4. For making promotion in all the categories there should not be any adverse remarks in the ACRs under consideration.If, the instant case is examined in light of the aforesaid settled legal propositions, it becomes evident that even in the absence of the executive instructions, the State/employer has the right to adopt any reasonable and bonafide criteria to assess the merit, for the purpose of promotion on the principle ofIt is evident from the material on record i.e. from the counter- affidavit filed by the State that appellant faced criminal prosecution as FIR No. 25 dated 12.4.1996 had been lodged against him under Sections 7 & 13(ii) of the PC Act, 1988 and Sections 467/468/471/120-B IPC, at Police Station: Vigilance Bureau, Patiala, wherein the appellant faced trial though, acquitted as is evident from the judgment and order dated 2.5.2006 passed in Sessions Case No. 5 of 10.5.2001. His acquittal took place after five years to his retirement.Be that as it may, for the reason best known to the appellant, this fact was not disclosed by him either before the High Court or before this Court. It is another matter as what could have been the effect of pendency of the said criminal case so far as this case is concerned. Thus, we are of the view that the appellant did not approach the court with clean hands, clean mind and clean objective.