L. Narasimha Reddy, J
1. The applicant is an IRS Officer of 1987 batch, and at present he is holding the post of Commissioner of Income Tax (Appeal), Noida. This OA is
filed with a prayer to direct the respondents to furnish his ACR/APAR for the year 2012-2013.
2. The facts in brief are that contempt proceedings were initiated against the applicant in relation to C.W.P. No.1373 of 2011 filed by him in the Delhi
High Court. A learned single Judge of the Hon’ble Delhi High Court passed an order imposing punishment under the Contempt of Courts Act.
The applicant filed Contempt Appeal (C) No.1/2013. The same was heard by Division Bench of the Delhi High Court on 18.03.2013. In the course of
narration of facts, in the order, a representation was made on behalf of the respondents herein, to the effect that the performance of the appellant has
not been satisfactory, was taken note of.
3. The applicant contends that the unsatisfactory discharge of duties by any officer can be discerned only from the contents of APAR for the
concerned year, and in the instant case, the APAR for the relevant period was not made available to him at all. It is in this background that the
applicant wants that a copy of the APAR be furnished to him so that he can make representation, in the event of there being any adverse entry.
4. In the counter affidavit, the respondents stated that the APAR for the year 2012-2013 was not recorded at all since the Recording Officer as well
as the Reviewing Officer retired from service. It is also stated that a ‘No Report Certificate’ was issued on 15.03.2017, and the same is filed as
Annexure R/2 to the counter affidavit.
5. We heard the applicant who argued his case in person and Shri Hanu Bhaskar, Shri R. K. Mirg and Ms. Naina Dubey, learned counsel for the
respondents.
6. The effort of the applicant is only to get a copy of the APAR for the year 2012-2013. This is on the assumption that the APAR may have reflected
unsatisfactory performance on his part and if that be so, a representation can be made. The fact, however, remains that the period of 2012-2013 was
treated as no report period and a certificate to that effect was also issued on 15.03.2017. That being the case, the observations made in the order
passed by the Hon’ble High Court that the performance of the applicant on duty has not been satisfactory cannot be traced to the APAR. With
this clarification, we dispose of the OA. The other prayers contained in the OA are not necessary for adjudication of dispute, and we accordingly do
not deal with the same. There shall be no order as to costs.
