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HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Bela Manikpuri, W/o Dharmendra Kumar Manikpuri – Appellant
Versus
State Of Chhattisgarh – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. The petitioner has filed this petition challenging the impugned promotion order dated 7/03/2024 by which the respondent No.4 who happens to be junior to the petitioner has been promoted leaving the petitioner. The Departmental Promotion Committee has recommended the name of the respondent No.4 despite the fact that the petitioner is senior and qualified. The petitioner is further praying to expunge the uncommunicated adverse remarks in the Annual Confidential Report (ACR).
2. The petitioner has prayed the following reliefs:-
“(i)That the Hon'ble Court may be pleased to issue a writ, order or direction or any other appropriate writ direction set aside the impugned promotion order dated 07.03.2024 promoting Shri Ram Singh Markam junior to the petitioner, leaving the petitioner - seniority without any valid reason and against the services condition rule of the department (Annexure P/1) and;
(ii)That, the Hon'ble Court may be pleased to issue a writ, order or direction or any other appropriate writ direction set aside the impugned Department Promotion Committee proceeding dated 05.02.2024 the DPC recommended the promotion of Shri Ramsingh Markam, wh
Uncommunicated adverse remarks in an ACR cannot be relied upon for promotion decisions, ensuring adherence to principles of natural justice.
Un-communicated adverse remarks in the ACR cannot be considered for denying promotion, and the employee must be given an opportunity for representation.
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
Promotion cannot be denied based on uncommunicated adverse entries in ACRs, violating the principles of fairness and Article 14.
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