Supreme Court overturns Punjab and Haryana High Court order setting aside Haryana CM's remarks against IAS Ashok Khemka in appraisal report

Satya Prakash

New Delhi, March 11

The Supreme Court on Monday overturned the Punjab and Haryana High Court’s order setting aside Haryana Chief Minister Manohar Lal Khattar’s remarks with regard to overall grade given to senior IAS officer Ashok Khemka in Performance Appraisal Report (PAR).

While setting aside the Chief Minister’s remarks, the high court had upheld the higher grades given to Khemka in his performance appraisal under All India Services (Performance Appraisal Report) Rules, 2007.

However, allowing the Haryana Government’s appeal against the high court’s March 3, 2019, order, a Bench of Justice Vikram Nath and Justice Satish Chandra Sharma said, “We are of the opinion that the learned Division Bench of the High Court erred in law. Accordingly, we set aside the judgment of the Division Bench of the High Court.”

In June 2017, the Chief Secretary — the Reporting Authority — had awarded Khemka an overall grade of 8.22. The Haryana Health Minister — the Reviewing Authority upgraded his overall grade to ‘9.92’. However in December 2017, the Chief Minister — the Accepting Authority downgraded his overall grade to ‘9’. He moved the Central Administrative Tribunal (CAT) as his Underlying Representation against downgrading of grade remained pending. He moved the HC after CAT dismissed his application.

“The overall grading and assessment of an IAS officer requires an in-depth understanding of various facets of an administrative functionary such as personality traits, tangible and quantifiable professional parameters which may include inter alia the competency and ability to execute projects; adaptability; problem-solving and decision-making skills; planning and implementation capabilities; and the skill to formulate and evaluate strategy. The aforesaid indicative parameters are typically then analysed by adopting a specialised evaluation matrix and thereafter, synthesised by a competent authority to award an overall grade to the candidate at the end of the appraisal/ evaluation”, the top court said.

A 1991-batch IAS officer, Khemka is presently holding the rank of Principal Secretary to the Government of Haryana.

The order came on Haryana Government’s petition challenging the Punjab and Haryana High Court’s order setting aside the Chief Minister’s remarks and overall grade given to Khemka in PAR in his capacity as the Accepting Authority.

Noting that the Accepting Authority was yet to take a decision on the ‘Underlying Representation’, the Bench directed the Accepting Authority (CM) to take a decision on the ‘Underlying Representation’ under Rule 9(7B) of the PAR Rules in 60 days.

The top court gave liberty to Khemka “to take recourse to remedies as may be available under law.”

Writing the verdict for the Bench, Justice Sharma said that evaluating the competency of an IAS officer ought to be left to the Executive as it’s a specialised domain.

“It is our opinion that the High Court entered into a specialised domain i.e., evaluating the competency of an IAS officer by way of contrasting and comparing the remarks and overall grades awarded to Respondent No. 1 by (i) the Reporting Authority; (ii) the Reviewing Authority; and (iii) the Accepting Authority, without the requisite domain expertise and administrative experience to conduct such an evaluation.”

It said, “The High Court ought not to have ventured into the said domain particularly when the Accepting Authority is yet to pronounce its decision qua the Underlying Representation.”

The Bench appreciated advocate Shreenath A. Khemka, who represented senior IAS officer Ashok Khemka, for the “spirited and able assistance rendered to the court.”