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2015 Supreme(SC) 809

DIPAK MISRA, PRAFULLA C.PANT
Saroj Kumar – Appellant
Versus
Union of India – Respondent


JUDGMENT

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 27.2.2014, passed by the High Court of Judicature at Allahabad in Writ – A No. 50733 of 2012 whereby the High Court has allowed the petition and set aside the order dated 16.1.2012 passed by the Central Administrative Tribunal, Allahabad Bench (for short “the Tribunal”) in Original Application (OA) No. 658 of 2011. By said order the Tribunal (CAT) had directed that the claim by the appellant Saroj Kumar for promotion be considered ignoring earlier uncommunicated entries of Annual Confidential Reports (ACRs). The controversy in the present case relates to the downgrading ACRs of the appellant without giving him any opportunity, which were later communicated and representation made by the appellant was also considered and rejected.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Succinctly stated, the facts are that the appellant Saroj Kumar was selected through Civil Service Examination, 1985, and was allotted Indian Defence Accounts Service (for short “IDAS”). On 29.1.1996 he was promoted as Junior Administrative Officer with effect from 12.1.1996. He was pro















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