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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Ravinder Singh (ASI) – Appellant
Versus
Union of India – Respondent
JUDGMENT
Talwant Singh, J.
REVIEW PET. 118/2021 & CM APPL. 25628/2021 [Application filed on behalf of the respondents for condonation of delay in filing the review petition]
1. The respondent-Union of India (UOI) has filed the present review petition under Section 137 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908 against the final judgment and order dated 05.11.2019, passed by this Court in W.P (C) 12302/2018. Vide the said judgment/order, the writ petition filed by the petitioner was allowed in the following terms:
"Consequently, the petition is allowed with the following directions: (i) Appropriate orders will be issued by the Respondents within a period of eight weeks granting the Petitioner the benefit of the first and second ACP and MACP by treating the period between the date of his retirement i.e. 18th June, 2008 and his reinstatement by the order 9th June, 2010, as period spent on service.
(ii) The Respondents will pay the Petitioner the arrears within a further period of eight weeks thereafter, failing which, the Petitioner will be entitled to simple interest @ 6% per annum for the period of delay.
(iii) Within a period of eight weeks from today,
Timely communication of adverse ACRs is essential for fair evaluation and promotion of public servants; delays violate natural justice principles.
Communication of aCRs within a reasonable period is crucial for fairness and transparency in public administration, as established in Dev Dutt and Sukhdev Singh.
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.
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 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....
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