Service Law — Article 311 — Applicability — Autonomous bodies — ICAR employees Para 9 Article 311 applies only to persons holding a civil post under the Union or State. Employees of ICAR, being an autonomous society governed by its own rules and bye-laws, are not entitled to protection under Article 311.

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Service Law — Article 311 — Applicability — Autonomous bodies — ICAR employees

Para 9

Article 311 applies only to persons holding a civil post under the Union or State. Employees of ICAR, being an autonomous society governed by its own rules and bye-laws, are not entitled to protection under Article 311.

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Tenure appointment — Curtailment — Enforceable right — Absence thereof

Para 10

Where appointment is made for a fixed tenure “or until further orders”, the employee has no enforceable right to continue for full tenure. The employer retains power to curtail tenure, subject to limited judicial review.

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Judicial review — Scope — Administrative decisions

Para 10

Judicial review is confined to examining the decision-making process, not the merits of the decision. Interference is warranted only if action is:

• arbitrary or irrational,
• mala fide or colourable,
• violative of natural justice or statutory rules,
• based on no evidence or perverse findings.

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Transfer / Reversion — Nature — Whether punitive

Paras 11–12

Reversion to a lower post or transfer, in absence of statutory protection, is generally an incidence of service and not punitive per se. Requirement of placement in a “matching position” refers to suitability in research work, not equivalence in rank or pay.

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Stigma — Test — Service jurisprudence

Para 13

An order becomes stigmatic only if it imputes something beyond unsuitability. Expressions such as “unsatisfactory” or “below average” performance do not constitute stigma.

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Adverse Annual Assessment Reports (AARs) — Use — Validity

Paras 14–15

Where AARs are:

• duly recorded,
• communicated to the employee, and
• representation is considered,

their use for administrative decisions like curtailment of tenure is valid. No prejudice is caused if procedural safeguards are followed.

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Mala fides — Burden of proof

Para 16

Allegations of mala fides must be supported by clear, cogent, and specific material. Mere sequence of events or suspicion is insufficient to invalidate administrative action.

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Administrative action — Performance assessment — Validity

Paras 16–17

Curtailment of tenure based on performance evaluation is a legitimate administrative exercise, and courts cannot sit in appeal over such assessment unless it is perverse or without basis.

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Departmental enquiry — Relevance — Distinction from performance assessment

Para 18

Enquiry into misconduct is distinct from administrative assessment of performance. Pendency or outcome of enquiry does not restrict employer’s power to curtail tenure based on performance.

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Relief — Interference — Denial

Paras 21

Where no arbitrariness, mala fides, or illegality is established, interference is unwarranted. Concurrent findings of CAT and High Court upheld.

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Result

Para 21

Appeals dismissed. No merit found. Pending applications disposed.