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HIGH COURT OF DELHI
AABI BINJU – Appellant
Versus
UNION OF INDIA AND ORS. – Respondent
| Table of Content |
|---|
| 1. judgment pertains to a writ petition challenging adverse acrs. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of acrs and contested years outline specific grievances. (Para 6 , 7 , 8 , 9) |
| 3. petitioner’s representations against acrs were rejected. (Para 10 , 11 , 12 , 13 , 14) |
| 4. tribunal’s decisions on acrs and references to prior judgments. (Para 15 , 16 , 17 , 18 , 19) |
| 5. issues involves the necessity of warning before acr grading. (Para 20 , 21 , 22 , 23) |
| 6. grading discrepancies highlighted in acrs for evaluation years. (Para 24 , 25 , 26 , 27) |
| 7. judicial examination of acr grading validity and necessity of reasons. (Para 28 , 29 , 30 , 31) |
| 8. standards for assessing acrs and procedural requirements outlined. (Para 32 , 33 , 34 , 35) |
| 9. judicial precedent concerning integrity and objectivity in acrs. (Para 36 , 37 , 38 , 39) |
| 10. final conclusions recognize acr gradings compatible with law. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This writ petition assails judgment dated 12 September 2019, passed by the strative Tribunal [“the Tribunal” hereinafter] in seven Original Applications [OAs 4061/2014, 4518/2014, 4519/2014, 4532/2014, 4533/2014, 4623/2014 and 4625/2014
The court holds that downgrading public servants' ACRs requires substantial reasoning and fairness; previous good performance must not be overshadowed by isolated adverse remarks without justificatio....
ACR – All entries in ACR of a public servant must be communicated to him within reasonable period so that he can make a representation for his upgradation despite there be no rule or government order....
Point of Law : Communication of entries in the ACRs and giving opportunity to represent against them is particularly important in higher posts which are in a pyramidical structure where often the pri....
Every entry in an employee's ACR, including adverse remarks, must be communicated to the employee within a reasonable period, ensuring the right to contest such entries, as established by the Assam S....
The central legal point established in the judgment is the requirement for adverse remarks to be specific, communicated within a reasonable period, and based on fair assessment without prejudice. The....
The principles of natural justice do not require the administrative authority to record reasons for its decision when rejecting representations against adverse remarks.
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