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RAJESH SHANKAR
Vijay Bihari Sharan – Appellant
Versus
Union of India, through the Secretary, New Delhi – Respondent
ORDER :
1. The present writ petition has been filed for quashing the letter no. G.II-1/2001-CRC dated 24.09.2001 issued under the Signature of Additional Dy. Inspector General of Police (Personnel-I) Respondent No. 3, whereby the petitioner has been communicated adverse remarks recorded in his ACR for the period from 01.04.2000 to 31.03.2001. Further prayer has been made for quashing the consequent order dated 17.03.2010 passed by the Director General, Central Reserve Police Force-respondent no. 2, whereby the petitioner’s representation against the said adverse remarks has been summarily rejected without assigning any cogent reason or without going through the materials available on record.
2. Learned counsel for the petitioner submits that the petitioner was the Commandant, 10th Battalion, Central Reserve Police Force (CRPF) and was posted in 121st Battalion at HEC, Dhurwa, Ranchi, when he received the letter dated 24th September 2001 issued by the respondent no. 3, wherein adverse entries were recorded in his ACR for the period from 01.04.2000 to 31.03.2001. The said entries read as under:
(ii) Has beco
The court emphasized the importance of allowing public servants to improve their performance based on ACR entries and highlighted the limited role of the court in reviewing ACR entries.
The central legal point established in the judgment is the requirement for adverse remarks to be specific, communicated within a reasonable period, and based on fair assessment without prejudice. The....
The court holds that downgrading public servants' ACRs requires substantial reasoning and fairness; previous good performance must not be overshadowed by isolated adverse remarks without justificatio....
Adverse remarks in performance appraisals must be based on objective, recorded evidence. Arbitrary, unsubstantiated, or uncommunicated entries that contradict positive reporting officer assessments a....
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