Back
SANJAY KUMAR MEDHI
INDIRA LAL S/O LATE GUSHAI RAM – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The grievance raised in this petition filed under Article 226 of the Constitution of India is pertaining to denial of promotion. 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 Ms. B. Sarma, learned CGC, who has also filed affidavit-in-opposition on 05.04.2024.
3. Ms. Bora, the learned counsel has submitted that the petitioner was enrolled in the Assam Rifles on 03.01.1986 as a Rifleman/ (GD) General Duty. He was promoted to the rank of Havildar (GD) in the year 1998 and to the rank of NB sub /GD (General Duty) on 01.07.2005.Thereafter he was promoted to the rank of Subedar/GD on 01.09.2016 as per his seniority. The petitioner belongs to Scheduled Caste category. The name of the petitioner was not recommended for the Departmental Promotion Committee conducted in the month of January 2024.
4. The specific case of the petitioner, as contended by the learned counsel is that the promotion is based on the gradings of the ACRs and such gradings were not communicated. It is sub
The Court established that communication of ACR gradings is mandatory for fairness and transparency, enabling employees to contest their evaluations.
The Court established that non-communication of ACR gradings violates principles of natural justice and fairness in public administration.
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 entries in Annual Confidential Reports cannot be used as grounds for denying promotion, violating principles of equality and due process.
Promotion cannot be denied based on uncommunicated adverse entries in ACRs, violating the principles of fairness and Article 14.
Uncommunicated entries in Annual Confidential Reports cannot be relied upon for promotion decisions, affirming employees' rights to fair communication.
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
Uncommunicated adverse remarks in Annual Confidential Reports cannot be considered for promotion eligibility, reaffirming the principle of fair administrative action under Article 14.
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 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.
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
