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A. S. SUPEHIA, MAUNA M. BHATT
Babubhai Jethabhai Patel – Appellant
Versus
Registrar General – Respondent
JUDGMENT :
HONOURABLE MR. JUSTICE A.S. SUPEHIA
1. ADMIT. Learned advocate Mr. Hamesh Naidu waives service of notice of admission on behalf of respondent Nos. 1 and 2.
2. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent emanates from the judgment and order dated 29.06.2022 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has dismissed the writ petition filed by the appellant challenging the action of the respondents denying him promotion to the post of Principal Private Secretary, Class-I.
BRIEF FACTS
3. The appellant joined the service as an English Stenographer Grade-II on 10.11.1978 and thereafter, was promoted to the post of English Stenographer Grade-I on 11.05.1998. He was serving in the establishment of Vadodara District Court and thereafter, he was serving at District Court, Chotta Udepur since it was established w.e.f. 24.12.2016. The issue of denial of promotion to the post of Principal Private Secretary, Class-I cropped up when the order dated 11.10.2017 was passed by Principal District Judge conferring promotion to the employees, as mentioned in such order in the cadre of Stenographer Grade-I (Cla
Non-communication of adverse entries in Confidential Reports violates natural justice and affects promotion eligibility.
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
Non-communication of adverse performance assessment entries denies fundamental right to a fair opportunity in promotion, violating principles of natural justice.
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
Promotions must adhere to principles of natural justice, including the communication of adverse remarks, and seniority should be respected unless merit and ability are clearly superior.
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....
Uncommunicated adverse remarks in an ACR cannot be relied upon for promotion decisions, ensuring adherence to principles of natural justice.
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