Uncommunicated entries in Annual Confidential Reports cannot be relied upon for promotion decisions, affirming employees' rights to fair communication.

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 Havildar/GD in the year 2003 and subsequently to the rank of Warrant Officer/GD in the year 2015 and thereafter to the rank of Naib Subedar/GD in the year 2018.

4. It is the contention of the petitioner that after promotion to Naib Subedar/GD, his next higher promotional rank is Subedar/GD. The petitioner has completed the qualitative requirements for promotion and being the senior-most Naib Subedar in his category, was due to be considered for promotion in the year 2024. Despite his eligibility, the petitioner has been deprived of promotion, while the said benefit has been granted to his juniors. Aggrieved by the said action, the petitioner approached the respondent authorities for the grant of promotion as per his seniority or to communicate the reason for non- consideration of his promotion. Despite requesting the respondents to communicate the reason, his grievance was ignored. Thereafter, the petitioner served a legal notice dated 30.11.2024 seeking promotion as per his seniority.

5. It is contended that the respondent authorities, vide letter dated 27.12.2024, informed the petitioner that his case had been considered by the Departmental Promotion Committee (DPC) held in the year 2024, wherein, his last five Annual Confidential Reports/Annual Performance Assessment Reports (ACRs/APARs) for 2019-2023 were examined and he was graded “High Average” (05 points) in 2019, below the prescribed benchmark of “Above Average” (07 points) i.e. “Very Good” required for promotion. Consequently, the name of the petitioner was not recommended for promotion to Subedar/GD, being ineligible under the ACR criteria.

6. It is contended that that no adverse entry in his ACRs/APARs had ever been communicated to the petitioner and he was unaware of the same until receipt of the reply dated 27.12.2024. It is the settled position of law that every ACR/APAR must be communicated to the concerned employee and consideration of any uncommunicated entry is impermissible. Since the petitioner’s ACR for the year 2019 was not communicated to him, it could not lawfully be taken into account for denying his promotion to the rank of Subedar/GD with effect from 01.04.2024.

7. Mr. B. Pathak, learned counsel for the petitioner, submits that the petitioner has rendered more than 38 years of unblemished service to the organization and is now at the fag end of his service career. Except for the grading in the ACR, which was below the prescribed benchmark required for promotion, the petitioner fulfills all the promotional qualitative requirements. The entries/remarks in the petitioner’s ACR have never been communicated to him, thereby depriving him of the opportunity to raise his grievance by way of a representation in terms of the relevant provisions, which the respondents have expressly violate