IMPORTANT POINT
Every entry in an ACR must be communicated to the employee; failure to do so renders any adverse action based on those entries arbitrary and unlawful.

JUDGMENT :

ANSHUMAN, J.

Heard Mr. Abhinav Srivastava, learned counsel for the petitioner and Mr. Krishna, learned counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed for quashing of the order dated 15.02.2018 contained in Memo No. 450 passed by the Principal Secretary, Commercial Taxes Department, Bihar, Patna by which the claim of the petitioner for being extended the benefits of financial progression under the Modified Assured Career Progression Scheme with effect from 18.07.2009 as also grant of promotions in the rank of Deputy Commissioner, as well as Joint Commissioner, Commercial Taxes with effect from the dates persons junior to the petitioner, had been made the said promotions has been rejected on the ground that petitioner’s marking in the annual confidential report was not as per the benchmark prescribed for the said purpose by a letter dated 30.03.2011 bearing letter no.922 issued by the General Administration Department of the State Government. Further prayer has been made to grant the benefit of second financial progression under the Modified Assured Career Progression Scheme in favour of the petitioner upon completion of 20 years of regular service in the year 2009. The petitioner has further prayed for shifting the date of promotion granted to the petitioner against the post of Deputy Commissioner, Commercial Taxes with effect from 22.02.2012.

3. Learned counsel for the petitioner further submits that the prayer has also been made for the grant of promotion against the post of Joint Commissioner, Commercial Taxes with effect from 04/06/2014, i.e. the date from which a number of persons admittedly junior to the petitioner had been granted promotion against the said post and the petitioner has been denied the said promotion without there being any just and valid reason. The petitioner has also prayed for a direction to the respondent authorities to consider the case of the petitioner for granting him promotion against the post of Additional Commissioner, Commercial Taxes, Bihar, Patna after shifting the dates of his promotion to the rank of Joint Commissioner, Commercial Taxes as well as Deputy Commissioner, Commercial Taxes.

4. Learned counsel for the petitioner further submits that the petitioner joined service after completion of Bihar Public Service Commission in the year 18.07.1989 on the post of Commercial Taxes Officer. Subsequently, on the basis of his performance and fulfillment of other requirements, the petitioner was granted promotion against the post of Assistant Commissioner, Commercial Taxes with effect from 11.05.2006. Thereafter, while the petitioner was discharging his duties in the capacity of Assistant Commissioner, Commercial Taxes, Patna City East, by a letter dated 11.05.2009 issued by the concerned authorities under the Commercial Taxes Department, the petitioner was directed to submit his explanations with respect to not achieving the target of revenue collection for the financial year 2007-08, following the same, petitioner submitted his explanations. Thereafter, vide notification dated 05.10.2009 issued by the Principal Secretary-cum-Commissioner, Commercial Taxes Department, Bihar, Patna, punishment of censure was inflicted upon the petitioner purportedly for the allegations of his failure to achieve the target of revenue collection during the financial year 2007-08 and dereliction of duty.

5. Learned counsel further submits that against the said punishment order dated 05.10.2009, the petitioner moved before this Hon’ble Court by filing CWJC No. 292/2010 which was disposed of vide order dated 26.08.2010 wherein the notification dated 05.10.2009 inflicting the punishment of censure upon the petitioner was set aside. Learned counsel for the petitioner further submits that while the petitioner was continuing in the capacity of the Deputy Commissioner, Commercial Taxes, a Letter No. 922 dated 30.03.2011, published by which the State o