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Murali Kumar P. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Heard Ms. S. Bora, the learned counsel for the petitioner. Also heard Mr. K. Gogoi, the learned CGC for’ the respondents in the Union of India.
2. The petitioner is an employee in the rank of Havildar in the respondent Assam Rifles having been appointed on 24.8.1985. The petitioner was subjected to a Screening Board for the purpose of availing the benefit of third MACP upon completion of thirty years of service in the same grade. The Screening Board which was held on 21.1.2015 took into account the ACRs of the years 2011-12, 2012-13 and 2013-14. The Screening Board was of the view that as the petitioner had earned the grade average which bears two points, therefore, was not recommended for promotion to the next rank on the basis of the ACR of the year 2012-13. As the petitioner was held to be not entitled for promotion on the basis of the” aforesaid ACR, the resultant claim for third MACP was also rejected. Being aggrieved, this writ petition is instituted.
3. It is taken note that from 1.9.2016, the petitioner had been given the benefit of third MACP. In the circumstance, the question is to be decided in this writ petition is whether he would also be entitled to the ben
The Court established that non-communication of ACR gradings violates principles of natural justice and affects an employee's rights to representation and benefits.
The non-communication of performance assessment entries to an employee is arbitrary and violates the right to equality. Consequently, uncommunicated entries cannot be lawfully utilized to deny promot....
Promotion cannot be denied based on uncommunicated adverse entries in ACRs, violating the principles of fairness and Article 14.
Promotion decisions cannot be based on uncommunicated entries in Annual Confidential Reports, which contravenes principles of natural justice and the right to fair procedure under Article 14.
Uncommunicated entries in Annual Confidential Reports cannot be relied upon for promotion decisions, affirming employees' rights to fair communication.
The court established that the non-communication of ACR gradings violates principles of natural justice and fairness, impacting an employee's promotion and benefits.
Uncommunicated adverse remarks in Annual Confidential Reports cannot be considered for promotion eligibility, reaffirming the principle of fair administrative action under Article 14.
Uncommunicated entries in Annual Confidential Reports cannot be used as grounds for denying promotion, violating principles of equality and due process.
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