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ANSHUMAN
Gupteshwar Prasad, Son of late Gopalji – Appellant
Versus
State Of Bihar – Respondent
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 c
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.
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
Non-communication of entries in Annual Confidential Report to a public servant has civil consequences affecting his chances of promotion and getting other benefits. Non-communication of adverse ACRs ....
Non-communication of adverse ACR within the stipulated time period can adversely affect a government servant's career and should not form the basis for denying benefits, as established by legal princ....
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
The non-communication of performance assessment entries to an employee is arbitrary and violates the right to equality. Consequently, uncommunicated entries cannot be lawfully utilized to deny promot....
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