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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT AIZAWL BENCH
Kardak Ete
No. Jc-3400194 Naib Subedar/Gd (General Duty) Amar Nath Ram S/O. Late Jaddu Ram – Appellant
Versus
Union Of India Represented By The Secretary The Government Of India, Ministry Of Home Affair New Delhi – Respondent
| Table of Content |
|---|
| 1. promotion eligibility based on service record. (Para 2 , 3) |
| 2. legal rights regarding communication of acr. (Para 4 , 6 , 7 , 8) |
| 3. respondents' compliance with promotion criteria. (Para 9 , 10 , 11) |
| 4. legal obligation to communicate acr entries. (Para 12 , 13 , 14) |
| 5. uncommunicated acr cannot be used for promotion decisions. (Para 15 , 16) |
| 6. court's directive for promotion based on seniority. (Para 17 , 18) |
JUDGMENT :
Kardak Ete, J.
Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC for the respondent Nos. 1, 2, 3 & 4.
2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to consider his case for promotion to the rank of Subedar/General Duty (GD) as per his seniority, i.e., with effect from the date when his junior was promoted, by expunging/ignoring any uncommunicated entry/grading in his Annual Confidential Reports (ACRs) and to grant all the consequential service benefits.
3. The case of the petitioner, in brief, is that he was enrolled in the th Assam Rifles on 28.06.1986 as a Rifleman/GD and was posted to the 5 Assam Rifles, Lokra, Assam, in the year 1987. He was promoted
Uncommunicated entries in Annual Confidential Reports cannot be used as grounds for denying promotion, violating principles of equality and due process.
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 relied upon for promotion decisions, affirming employees' rights to fair communication.
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.
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.
The importance of timely representation against adverse entries and remarks in the ACR, and the acknowledgment of ACR contents by the petitioner through signature were central legal points establishe....
Point of Law : Communication of entries in the ACRs and giving opportunity to represent against them is particularly important in higher posts which are in a pyramidical structure where often the pri....
The Court established that communication of ACR gradings is mandatory for fairness and transparency, enabling employees to contest their evaluations.
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