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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJEEV PRAKASH SHARMA, MEENAKSHI I.MEHTA
State Of Haryana – Appellant
Versus
Rani Devi – Respondent
JUDGMENT :
Sanjeev Prakash Sharma, J.
Challenge in the present appeals by the State of Haryana and the other officers of the Police is to the judgment dated 08.03.2021 whereby learned Single Judge has allowed two writ petitions bearing CWP Nos. 17240 of 2020 and 24220 of 2015 and directed the petitioner to be granted notional promotion accompanied by all her service benefits as no adverse remarks having been passed for which she is entitled to all the arrears of salary pay benefits etc. of that rank with effect from 26.10.2016 with interest @ 12% per annum from the day became due till realization of the amount and also set aside the adverse remarks entered in the ACR for the period 23.11.2014 to 31.03.2015.
2. Brief facts which need to be noticed are that the petitioner was initially appointed as Constable at Gurugram on 11.09.1988 and having participated in several sports activities and won several medals, she was granted adhoc promotion as Head Constable with effect from 31.12.1993. On account of her exemplary performance, the Director General of Police, Haryana, promoted her to the post of Head Constable along with cash prize and special diet vide order dated 15.12.1995. It is to b
Adverse remarks in ACR must be substantiated and judicial review allows reconsideration of promotional claims without directing specific outcomes.
Adverse ACRs should not be biased or contrary to government instructions, and should be based on reasonable grounds.
Un-communicated adverse remarks in the ACR cannot be considered for denying promotion, and the employee must be given an opportunity for representation.
Adverse entries relating to specific incidents should ordinarily not find a place in ACR, unless in the course of departmental proceedings, a specific punishment such as censure has been awarded on t....
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 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 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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