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SANJEEV PRAKASH SHARMA
Guljar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sanjeev Prakash Sharma, J.
This Writ Petition is preferred by the petitioner praying for issuance of directions to the respondents to consider and promote the petitioner on the post of Technical Advisor (Auto) w.e.f. 01.01.1992 when the post fell vacant on account of the refusal for promotion of his immediate senior. Further the petitioner prays for quashing of the adverse remarks entered in the ACR; and order whereby his representation was rejected. Further he prays for quashing of the punishment order dt.26.06.1996 (Annexure P-21) whereby he has been awarded the punishment of censure; and also the order dt.13.11.1999 whereby his Appeal regarding entry of adverse remarks was rejected.
2. The brief facts, as stated by the petitioner, are that the post of Motor Mechanic is to be filled by promotion from the post of Driver and there is further channel of promotion to the post of Technical Advisor (Auto). When the post of Technical Advisor (Auto) fell vacant, the petitioner, who was holding the post of Motor Mechanic, applied for consideration for his promotion to the post of Technical Advisor (Auto). One Kishori Lal, Motor Mechanic, who was senior to the petitioner, refused pr
Disciplinary actions must be supported by clear reasoning; failure to provide reasons renders such actions invalid.
The dismissal of a judicial officer was quashed due to violation of natural justice and lack of proper inquiry into adverse remarks in ACRs.
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....
Adverse remarks in ACR must be substantiated and judicial review allows reconsideration of promotional claims without directing specific outcomes.
The principles of natural justice do not require the administrative authority to record reasons for its decision when rejecting representations against adverse remarks.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
Non-communication of adverse ACR within the stipulated time period can adversely affect a government servant's career and should not form the basis for denying benefits, as established by legal princ....
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