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SANJAY KUMAR MEDHI
Hansi Chand Rajan, S/O- Jushi Chand – Appellant
Versus
Union Of India, Represented By The Secretary To The Government Of India, Ministry Of Home Affairs, New Delhi – 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. 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 Mr. S.K. Medhi, learned CGC, who has also filed affidavit-in-opposition on 01.08.2024.
3. Ms. Bora, the learned counsel has submitted that the petitioner was enrolled in the Assam Rifles on 28.10.1986 as a Rifleman/(GD). He was promoted to the rank of Havildar (GD) in the year 2003 and to the rank of Warrant Officer/GD on 07.10.2011 as per his seniority. It is stated that the petitioner fulfills all the required promotion criteria to the next higher rank/post. 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 promotion is based on the gradings of the ACRs and such gradings were not communicated. It is submitted that communication of th
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 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.
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.
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.
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.
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