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HIGH COURT OF DELHI
AABI BINJU – Appellant
Versus
UNION OF INDIA AND ORS. – Respondent
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] instituted by the petitioner. The Tribunal, by judgment dated 12 September 2019, has dismissed all the OAs. Aggrieved thereby, the applicant in the OAs, Aabi Binju, has approached this Court under Article 226 of the Constitution of India.
2. The petitioner was an employee of the Central Soil & Mineral Research Station [“CSMRS” hereinafter] an office under the Ministry of Water Resources, River Development and Ganga Rejuvenation [“MOWR” hereinafter]. The case relates to the Annual Confidential Reports [“ACRs” hereinafter] of the petitioner for the years, 2001-02, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08 and 2008-09. The copies of the aforesaid ACRs were provided to the petitioner on 27 May 2009. The petitioner represented against the said ACRs on 9 June 2009, 20 July 2009 and 8 August 2011. The representations were rejected on 5 August 2011 and 29 December 2011.
3. The petitioner instituted the aforenoted seven OAs
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.
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.
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