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S. M. SUBRAMANIAM, M. JOTHIRAMAN
N. Paneer Selvam – Appellant
Versus
Union of India – Respondent
ORDER :
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Under assail is the order dated 30.11.2021 passed in O.A.No.1339 of 2017 on the file of the Central Administrative Tribunal, Chennai Bench.
2. The petitioner is a retired Veterinary Officer, superannuated on 30.06.2015. The original application was filed after a lapse of about two years from the date of retirement, in the year 2017. Since the delay was condoned by the Tribunal, the case was taken up for consideration on merits.
3. The grievance of the petitioner is that the adverse entries made in his service records were not communicated to him timely enabling him to prefer an appeal seeking to expunge the adverse entries. The learned counsel for the petitioner would solicit our attention with reference to few communications to establish that the adverse entries in the service records of the petitioner were made without affording adequate opportunity and it was not communicated duly within a reasonable time, which resulted in denial of promotional opportunity.
4. The learned Senior Panel Counsel appearing on behalf of the respondents 1 to 3 would oppose by stating that the procedures as contemplated were followed by the respo
Judicial review under Article 226 is limited to procedural compliance, not the merits of decisions unless mala fide is proven.
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 principles of natural justice do not require the administrative authority to record reasons for its decision when rejecting representations against adverse remarks.
Communication of aCRs within a reasonable period is crucial for fairness and transparency in public administration, as established in Dev Dutt and Sukhdev Singh.
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....
Every entry in an employee's ACR, including adverse remarks, must be communicated to the employee within a reasonable period, ensuring the right to contest such entries, as established by the Assam S....
The adverse entry awarded to the petitioner was quashed as it was found to be illegal and not based on tangible material. The decision of the Administrative Committee was also quashed. The court dire....
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