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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Parshotam Das @ Purshotam Dass, S/o - Sri Swami 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. petitioner seeks promotion based on seniority (Para 2 , 3 , 4) |
| 2. uncommunicated acr entry violates legal principles (Para 5 , 6) |
| 3. counsel cites established supreme court precedent (Para 7 , 8) |
| 4. respondents defend non-promotion based on acr criteria (Para 9 , 10 , 11) |
| 5. court identifies due process violation in acr communication (Para 12 , 13 , 14 , 15 , 16) |
| 6. court directs promotion based on correcting acr handling (Para 17) |
| 7. writ petition allowed and disposed of (Para 18) |
JUDGMENT :
KARDAK ETE, J.
1. Heard Ms. S. Bora, learned counsel for the petitioner. Also heard Mr. B. Chakravarty, learned Central Government Counsel for the respondents.
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 Naib Subedar/GD (General Duty) as per his seniority, i.e. with effect from the date when his junior was promoted, by expunging/ignoring any uncommunicated adverse entry in his Annual Confidential Reports (ACRs) and to grant all consequential service benefits.
3. The case of the petitioner, in nutshell, is that he was enrolled in the Assam Rifles on 16.09.1988 as a Rifleman/GD
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.
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....
Uncommunicated adverse remarks in an ACR cannot be relied upon for promotion decisions, ensuring adherence to principles of natural justice.
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