Must Read

Khemka wants 9.5 ratings instead of 9: Writes to CJI against denial for a reply as 'propria persona'

By IndianMandarins- 13 Jul 2020


Senior IAS officer Ashok Khemka (IAS:1991:HY) is aggrieved with the way Supreme Court Registrar office has treated his successive applications denying him to file a reply as propria persona (party in person). His representation was summarily rejected by the Assistant Registrar (communication dated March 18, 2020) asking him to "take necessary steps as per the provisions of Supreme Court Rules, 2013". Khemka has finally written to the CJI S A Bobde seeking clarifications on the Supreme Court Rules, 2013.

In fact, Khemka is unhappy over the Personal Appraisal Report (PAR) written by Haryana Chief Minister M L Khattar who gave him 9 ratings against his reporting minister Anil Vij who gave him 9.5. As per DOPT rules, 9 also is considered ‘excellent’ on rating parameters. Khemka in 2019 challenged it in the Haryana and Punjab High Court (P&H HC) which expunged adverse remarks made by Khattar in his Personal Appraisal Report (PAR).

In response, the Haryana Government filed a Special Leave Petition (SLP) in the Supreme Court (SC) challenging the March 2019 judgment of the P&H HC.

On receiving notice on the SLP, Khemka dispatched his reply to SC along with an application to appear ‘propria persona’ through registered post. Khemka wrote that he was following the same practice which he had adopted earlier in another SLP in 2018. He highlighted that the SC Registry had in 2018 interviewed him and found him fit to present the case himself whereas contrary to such precedent it was rejected in 2020.  

It is said that there were few modifications in concerned rules/provisions during the tenure of the then CJI Ranjan Gogoi which perhaps lead to the rejection of Khemka's applications to appear ‘propria persona’.

Those in the know of the affairs raise questions as to why Khemka needed to waste his precious time and resources if Khattar’s PAR too rated him ‘excellent’ (i.e. 9 ratings). Neither it may affect his promotion, empanelment, salary and perks, pension or even his VRS prospects. Including those ones who admire whistleblower officer Khemka for his integrity says that even though it is one’s fundamental right to move to the SC one should not forget the difference between a choice, compulsion, legal relief, and luxury.


Khemka wants 9.5 ratings instead of 9: Writes to CJI against denial for a reply as 'propria persona'

free stat counter