Back
VAIBHAVI D. NANAVATI
Vipulkumar Motichand Mehta – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
(Vaibhavi D. Nanavati, J.) :
1. Heard Mr. Shakti Jadeja, learned advocate appearing for learned advocate Mr. S. P. Majmudar, learned advocate for the petitioner, Mr. Premal R. Joshi, learned advocate appearing for the respondent No.4 and Ms. Nidhi Vyas, learned Asst. Government Pleader appearing for the respondent No.1.
2. The petitioner by way of present petition seeks to challenge the unjustified and arbitrary action of the respondent – authorities in not communicating the remark of “good” for the years 2003-2004, 2004-2005, 2005-2006 and 2008-2009 in the Annual Confidential Report (ACR) of the petitioner. The benchmark for promotion of the petitioner to the post of Joint Registrar, Co-operative Societies, is "very good" or "outstanding" remark in the ACR in five years out of last eight years. Under the aforesaid circumstances the non- communication of remark "good" to the petitioner for the abovementioned years in question is fatal and such an action is in fact contrary to the position of law. Departmental Promotion Committee (DPC) was held in March 2011 and the petitioner came to know about the aforesaid remark of "good" in the abovementioned years after making an applicat
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
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....
Uncommunicated adverse remarks in an ACR cannot be relied upon for promotion decisions, ensuring adherence to principles of natural justice.
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 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....
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
