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VAIBHAVI D. NANAVATI
Ganeshwary Dushyantkumar Shah – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present petition, the petitioner herein has prayed for the following reliefs:
(A) Quashing and setting aside the letter dt.17.12.2013 and order dt.24.4.2014, communicating and maintaining the adverse remarks for the period from 1.4.2012 to 22.12.2012.
(A1) This Hon’ble Court may be pleased to call upon the Respondent Authorities to produce the original copy of the Confidential Report for the year 2012-13, which clearly indicates how the same has been tampered with;
(A2) This Hon’ble Court may be pleased to quash and set aside the communications dated 23.09.2016 and 26.09.2016 from the Jt. Director of Technical Education confirming the adverse remarks against the Petitioner for the years 2013-2014 and 2014-2015;
(A3) This Hon’ble Court may be pleased to direct the Respondent Authorities to expunge the adverse remarks made against the Petitioner for three successive years from 2012-13 to 2014-15 and allot the same numbers of marks as given by the reporting Officer in Performance Appraisal Report of 2014-15.”
(A4) Your Lordshi
Timely communication of adverse remarks is essential; failure to comply renders such remarks invalid.
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....
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....
Non-communication of adverse entries in Confidential Reports violates natural justice and affects promotion eligibility.
The assessment of public servants must adhere to principles of natural justice, ensuring fairness and objectivity in performance appraisals and providing necessary reasoning for downgrades.
The court emphasized the importance of allowing public servants to improve their performance based on ACR entries and highlighted the limited role of the court in reviewing ACR entries.
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....
Uncommunicated ACR gradings below promotion benchmark ('good' vs 'very good') cannot be considered and must be deemed as meeting benchmark; renders decisions arbitrary violating Art.14 and natural ju....
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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