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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Vikrant Bonsra – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. dpc promotions on merit-cum-seniority using acr marks. (Para 1 , 2 , 3 , 4) |
| 2. non-promotion due to uncommunicated average acrs. (Para 5 , 6) |
| 3. parties dispute dpc merit assessment validity. (Para 7 , 8) |
| 4. uncommunicated acrs caused petitioner's merit shortfall. (Para 9 , 10 , 11 , 12) |
| 5. all acr gradings must be communicated. (Para 13 , 14 , 15 , 16 , 17) |
| 6. uncommunicated acrs invalid for police promotions. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 7. ignore uncommunicated acrs per precedents. (Para 24 , 25 , 26 , 27) |
| 8. retrospective promotion quashing rejection order. (Para 28 , 29) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
By way of present writ petition, the petitioner has prayed for quashing an office order dated 20.12.2014 (Annexure P-13), passed by respondent No.2, whereby his representation to consider him for promotion to the post of Inspector of Police w.e.f. 31.10.2014 has been rejected.
2. Shorn of unnecessary details, the brief facts of the case are that the petitioner was appointed as Sub Inspector with respondent No.2 in the year 2008 and had joined his duties on 01.01.2009.
3. The petitioner being eligible for promotion to the post of Inspector of Police was considered b
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.
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
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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