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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
NO JC 0110717Y Naib Subedar/Gd (General Duty) Piar Singh, S/o Lt Jall Singh – Appellant
Versus
Union Of India Represented By The Secretary The Government Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. establishing the petitioner's standing and the factual context of his grievance regarding service promotion. (Para 1 , 2 , 3) |
| 2. conflicting contentions regarding eligibility, communication of acrs, the applicability of judicial precedents, and the availability of alternative administrative remedies. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. mandatory nature of communicating all acr/apar entries to the employee as a prerequisite for their use in promotion decisions. (Para 12 , 13 , 14 , 15 , 16) |
| 4. ordering relief by directing the exclusion of uncommunicated records and granting promotion with consequential service benefits. (Para 17 , 18) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Mrs. A. Gayan, 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 gr
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.
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....
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
Uncommunicated adverse remarks in an ACR cannot be relied upon for promotion decisions, ensuring adherence to principles of natural justice.
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