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2024 Supreme(Gau) 875

KARDAK ETE
Prabir Chandra Kakati S/o Late Siba Chandra Kakati – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. K N CHOUDHURY, SR. ADVOCATE.
For the Respondent:MR. D. NATH, SR. GOVT. ADVOCATE.

Table of Content
1. petitioner challenges acr grading. (Para 2 , 3 , 12)
2. allegations of procedural irregularities. (Para 4 , 6 , 10 , 11)
3. examines the challenges regarding acr and promotion. (Para 5)
4. arguments against adverse remarks based on procedural violations. (Para 18 , 24)
5. assessment of the petitioner's past performance. (Para 21 , 22 , 23)
6. court reviews applicable rules for acr. (Para 34 , 35 , 36)
7. court observations on acr communication and its implications. (Para 52)
8. court set aside the adverse remarks. (Para 55 , 66)

JUDGMENT :

Heard Mr. K. N. Choudhury, learned Senior counsel assisted by Mr. M. D. Das and Mr. A. Das, learned counsels for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Government Advocate for the respondent nos. 1 to 4.

2. By filing this petition, the petitioner challenges the manner in which a remark was entered into his Annual Confidential Report (ACR in short) for the year 2017-2018 which resulted in depriving him from his promotion to the Indian Administrative Service (IAS in short). The petitioner has also assailed the order dated 28.12.2021 by which the prayer for expunging the adverse remarks in his ACR has been rejecte

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