Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Anu Verma – Appellant
Versus
Secretary, Ministry of Home Affairs, Govt. of India – Respondent
JUDGMENT :
Aarti Sathe, J.
1. This petition under Article 226 of the Constitution of India has been filed praying for the following substantive reliefs: -
“a) That this Honourable Court be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction and call for the records and proceedings leading to the rejection of the case of the petitioner for grant of non functional selection grade (NFSG) as well as the rejection of her representation against the same under Order dated 26.07.2004 (Exhibit "J') & letter dated 26.05.2005 (Exhibit "O") and after examining the legality and propriety of the same, this Honourable Court be pleased to quash and set aside the said Orders dated 26.07.2004 (Exhibit "J") and 26.05.2005 (Exhibit "O') and direct the respondents to reconsider the case of the petitioner afresh for grant of NFSG;
b) That this Honourable Court be pleased to hold and declare that any gradings below the benchmark "Very Good" and which have not communicated to the petitioner cannot be taken into account at the time of consideration of the petitioner's case for grant of NSG either under the DOPT OM dated 09.10.1989 or under DACP Scheme and this Honourable Cou
Uncommunicated ACR gradings below promotion benchmark ('good' vs 'very good') cannot be considered and must be deemed as meeting benchmark; renders decisions arbitrary violating Art.14 and natural ju....
Uncommunicated 'average' ACRs cannot adversely impact promotion under merit-cum-seniority; must be communicated for representation, else ignored as violative of Article 14 and natural justice princip....
Uncommunicated ACR entries violate the right to fair representation under Article 14 of the Constitution, necessitating communication of all gradings to public servants for promotion processes.
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
Point of Law : Communication of entries in the ACRs and giving opportunity to represent against them is particularly important in higher posts which are in a pyramidical structure where often the pri....
Non-communication of adverse entries in Confidential Reports violates natural justice and affects promotion eligibility.
Every entry in an employee's ACR, including adverse remarks, must be communicated to the employee within a reasonable period, ensuring the right to contest such entries, as established by the Assam S....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
