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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Shambhu Dutt S/o - Shankar Dutt – Appellant
Versus
Union Of India Represented By The Secretary The Government Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's promotion eligibility challenged. (Para 2 , 3 , 4) |
| 2. contentions on promotion and acr criteria. (Para 5 , 6) |
| 3. impact of non-communication of acr entries. (Para 7 , 8 , 9 , 11 , 12) |
| 4. (Para 10) |
| 5. order for promotion effective from 2019. (Para 13 , 14 , 15) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. S. Bora, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC appearing for the respondents.
2. By filing this petition, the writ petitioner has challenged the non-consideration for promotion while promoting his junior to the rank of Warrant Officer/General Duty (GD).
3. The case of the petitioner, in nutshell, is that he was enrolled in the Assam Rifles on 17.02.1991 as Rifleman/GD. After completion of his military basic training, the petitioner was posted to various places of posting.
4. It is the contention of the petitioner that he is qualified to be considered for next higher rank/post of Warrant Officer (GD). Although, the petitioner having been qualified and eligible to be considered for promotion in the year 2019, the respondent authorities arbitrarily had not considered the petitioner for promotion. However, his junior was considered and pr
Non-communication of ACR entries, whether adverse or not, is essential for fair promotion processes and impacts eligibility for advancement in service.
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.
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.
Uncommunicated entries in Annual Confidential Reports cannot be used as grounds for denying promotion, violating principles of equality and due process.
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
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