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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
No Jc 104154 Naib Subedar Gd General Duty Ramraj Prasad Majhi, S/o- Late Dwarika Nath Maji – 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's promotion eligibility based on acr. (Para 2 , 3 , 4 , 5) |
| 2. uncommunicated acr entries violate legal rights. (Para 6 , 7 , 8) |
| 3. respondent's adherence to promotion policy. (Para 9 , 10 , 11) |
| 4. communication of acr results is mandatory. (Para 12 , 13 , 14) |
| 5. court finds uncommunicated acr illegal. (Para 15 , 16) |
| 6. court orders promotion and benefits for petitioner. (Para 17 , 18) |
JUDGEMENT :
KARDAK ETE, J.
1. Heard Mr. B. Pathak, 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 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 brief, is that he was enrolled in the Assam Rifles on 14.04.1986 as a Rifleman/GD and was posted to the 10th Assam Rifles in the year 1987. He was promoted to the rank of Ha
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.
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....
Uncommunicated adverse remarks in an ACR cannot be relied upon for promotion decisions, ensuring adherence to principles of natural justice.
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....
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