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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
INDERJEET SINGH, RAVI CHIRANIA
S. S. Sharma Son Of Late Shri Jai Ram Sharma – Appellant
Versus
Union Of India, Through The Commissioner, Kendriya Vidyalaya Sangathan – Respondent
| Table of Content |
|---|
| 1. challenging denial of promotion due to non-communication of acrs (Para 1 , 2) |
| 2. arguments on downgrading acrs and promotion denial (Para 3 , 6 , 7 , 8) |
| 3. citations supporting non-communication impacts (Para 9 , 10 , 11) |
| 4. query on fairness of denial based on acrs (Para 12 , 13) |
| 5. acknowledgment of eligibility for promotion (Para 14 , 15 , 16) |
| 6. mandate for communication of below benchmark acrs (Para 17 , 18 , 19) |
| 7. importance of communicating all acr entries (Para 20 , 21 , 22) |
| 8. clarification of law regarding acrs and promotions (Para 23 , 24) |
| 9. violation of communication mandates impacting promotion decisions (Para 25 , 26) |
| 10. court's decision to quash denial of promotion on legal grounds (Para 27 , 28 , 29) |
JUDGMENT :
Ravi Chirania, J.
1. The petitioner filed the present writ petition before this Court challenging the order impugned dated 14.02.2019 passed by learned Central Administrative Tribunal, Bench Jaipur (hereinafter referred to as ‘learned Tribunal’ for short) in O.A. No.826/2012 filed by the petitioner wherein he challenged the action of the respondent in rejecting his representation submitted in respect of downgrading his ACRs in the last five years, w
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
Uncommunicated 'average' ACRs cannot adversely impact promotion under merit-cum-seniority; must be communicated for representation, else ignored as violative of Article 14 and natural justice princip....
Uncommunicated ACR entries violate the right to fair representation under Article 14 of the Constitution, necessitating communication of all gradings to public servants for promotion processes.
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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