SANJAY KUMAR MEDHI
Jeewan Chandra, S/o. Late Devi Dutta Joshi – Appellant
Versus
Union of India, Rep. by the Secretary the Government of India, Ministry of Home Affair – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
The grievance raised in this petition filed under Article 226 of the Constitution of India is pertaining to denial of promotion and the MACP. The primary contention is that such denial is on the basis of certain gradings in the ACRs which according to the petitioner were not communicated.
2. I have heard Ms. S. Bora, learned counsel for the petitioner. I have also heard Shri A.K. Dutta, learned CGC, who has also filed affidavit-in-opposition on 22.03.2024.
3. Ms. Bora, the learned counsel has submitted that the petitioner was enrolled in the Assam Rifles on 02.11.1989 as a Rifleman General Duty (GD). He was promoted to the rank of Havildar (GD) on 01.06.2009. A promotional exercise was done which culminated in an order dated 31.03.2021 in which the name of the petitioner did not figure. It is the grievance of the petitioner that persons junior to him were given the benefit of promotions leaving out the petitioner.
4. The specific case of the petitioner, as contended by the learned counsel is that the promotions and the MACPs were based on the gradings of the ACRs and such gradings were not communicated. It is submitted that communication of the gradings
The court established that the non-communication of ACR gradings violates principles of natural justice and fairness, impacting an employee's promotion and benefits.
The Court established that non-communication of ACR gradings violates principles of natural justice and fairness in public administration.
The Court established that communication of ACR gradings is mandatory for fairness and transparency, enabling employees to contest their evaluations.
The requirement to communicate ACR gradings to employees is a legal obligation that ensures transparency and fairness, allowing employees to contest their evaluations and improve their performance.
The Court established that non-communication of ACR gradings violates principles of natural justice and affects an employee's rights to representation and benefits.
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
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 entries in Annual Confidential Reports cannot be used as grounds for denying promotion, violating principles of equality and due process.
Uncommunicated entries in Annual Confidential Reports cannot be relied upon for promotion decisions, affirming employees' rights to fair communication.
Promotion cannot be denied based on uncommunicated adverse entries in ACRs, violating the principles of fairness and Article 14.
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