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MINI PUSHKARNA
Poonam Sharma – Appellant
Versus
Director of Education – Respondent
JUDGMENT
Mini Pushkarna, J. The present writ petition has been filed with prayer for quashing and setting aside the minutes of meeting of Departmental Promotion Committee (`DPC.) dated 17.06.2011 whereby the DPC directed the respondent no. 2 school to communicate his average ACRs to respondent no. 3 and further directed that after getting his explanation, Managing Committee may rectify the shortcomings/deficiencies in his ACRs. There is further prayer for quashing the action of respondent no. 2 in reviewing the ACRs of respondent no. 3 for the period 2005-06, 2006-07 and 2008-09 on the ground that the same was done without any authority and jurisdiction, being in violation of Rule 112(7) of Delhi School Education Rules, 1973 (DSER, 1973). The petitioner has also prayed for setting aside the minutes of the DPC dated 23.12.2011 and its recommendations, whereby the name of respondent no. 3 was recommended for promotion to the post of PGT (History) and all the consequential orders passed in pursuance of the recommendation of the DPC dated 23.12.2011 for appointment of respondent no. 3. The petitioner seeks her promotion to the post of PGT (History) instead with effect from the date when
The mandatory review of ACRs by the Managing Committee, the right of the employee to file an appeal against adverse entries, and the court's power under Article 226 of the Constitution of India to is....
Uncommunicated ACRs cannot be taken into account by a DPC to the prejudice of the concerned employee.
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 ....
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....
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
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