Kumari Thara Bai Thankachi v Union of India and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Surendra Mohan
- P. V. Asha
- Judgment Date
- 2016-02-23
- Court Decision / Holding
- The Original Petition is allowed. Annexure A10 and Ext.P4 are set aside. The second respondent is directed to consider Annexure A7 in accordance with law, afresh after affording an opportunity of hearing to the petitioner, in accordance with Annexure A9, and to issue orders expeditiously, within four months from receipt of a copy of this judgment.
- Final Disposition
- Petition allowed; Annexure A10 and Ext.P4 set aside; the 2nd respondent to consider Annexure A7 after hearing within four months as per CAT’s directive and in compliance with law.
Parties to the Case
Appellants / Petitioners
- Kumari Thara Bai Thankachi
Respondents
- Union of India represented by Secretary, Ministry of Communications and Information Technology, Department of Information Technology, National Informatics Centre, Lodi Road, New Delhi-110003
- Director General, Ministry of Communications and Information Technology, Department of Information Technology, National Informatics Centre, Lodi Road, New Delhi-110003
- Deputy Director (Personal), Ministry of Communications and Information Technology, Department of Information Technology, National Informatics Centre, Lodi Road, New Delhi-110003
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. T. B. Hood
- • Smt. M. Isha
- • Sri. Amal Kasha
Counsels for Respondents
- • Sri. Haridas P. Nair, CGC
- • Sri. N. Nagareesh, Assistant Solicitor General
Case Synopsis & Summary
Kumari Thara Bai Thankachi, a National Informatics Centre (NIC) scientist, challenges Ext.P4, the Central Administrative Tribunal (CAT) order dismissing OA 329/2012, in a Kerala High Court OP(CAT) No. 70 of 2016. She contends that the respondents failed to communicate adverse entries in her confidential reports, which adversely affected her career progression. She had been promoted to Scientist C in 1998 but to Scientist D only in 2009; she asserts the delay was caused by undisclosed adverse remarks and by the reviewing officer’s perception changing the reporting officer’s favorable remarks. The non-communication of adverse entries, and the lack of opportunity to respond or be heard, purportedly violated the Supreme Court’s dictum in Dev Dutt v. Union of India (2008) SCC 725. Prior OA proceedings (OA 620/2008 and OA 180/2011) had directed communication of adverse entries below benchmark and a fresh consideration after opportunity to represent, following directions from the apex court in Union of India v. Manjurani Routray. Annexure A6–A9 records show the adverse remarks were communicated, Annexure A7 was filed, and Annexure A9 directed the 2nd respondent to decide within three months. The CAT’s Ext.P4, Annexure A10, was held unsustainable; the High Court, allowing the petition, directed the 2nd respondent to reconsider Annexure A7 afresh after affording hearing, within four months."
Legal Doctrines & Maxims
- Dev Dutt v. Union of India and others, 2008 (8) SCC 725 (principle of natural justice, due process)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner argues that the CAT’s Ext.P4 order dismissing OA 329/2012 violates natural justice because adverse entries in her confidential reports were not communicated as required, and because the reviewing officer allegedly downgraded favourable remarks. She relies on the Supreme Court’s Dev Dutt dictum to contend that due process was lacking, and asserts that there was no opportunity of hearing before the final decision. The chain of OA orders (OA 620/2008 directing communication of adverse entries and opportunity to represent; OA 180/2011 directing the 2nd respondent to consider Annexure A7 within three months after receiving Annexure A9) shows a pattern of ensuring due process, which was not followed when Annexure A10 was issued. She requests setting aside Annexure A10 and Ext.P4 and for proper consideration of Annexure A7 with an opportunity to be heard.
Contentions of Respondents
Respondents contend that the CAT had examined the representation and found no grounds to interfere with it, as per Annexure A9’s directive, and that Annexure A10 was issued by a competent authority. They emphasize that Annexure A9 directed the 2nd respondent to consider Annexure A7 and decide within three months; the CAT’s direction was not circumvented. They argue that the process was otherwise compliant and that the petition does not establish error in the CAT’s findings.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Dev Dutt v. Union of India and others | 2008 (8) SCC 725 | Positive | Cited to underscore the requirement of communication of adverse entries and due process; failure to communicate is treated as a violation of the dictum in Dev Dutt. |
| Union of India & Ors v. Manjurani Routray & Anr. | SLP 7200 of 2009 | Positive | Cited in context of directives/orders following the apex court Decision regarding process of selection and time-bound review; used to justify directions for consideration within a timeframe. |
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