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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND SINGH BAHRAWAT
Rajendra Singh Bhadoriya – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge to denial of promotion based on dpc's acr reassessment. (Para 1 , 2 , 3 , 5) |
| 2. downgrading acrs requires recorded reasons and opportunity of hearing. (Para 6 , 7 , 13 , 14) |
| 3. uncommunicated adverse acrs cannot be used to deny promotion. (Para 8 , 9 , 11 , 12) |
| 4. departmental error entitles employee to full benefits via retrospective promotion. (Para 10 , 15) |
ORDER
This petition, under Article 226 of the Constitution of India, has been filed by petitioner seeking following relief (s):-
"(i) That, the present petition filed by the petitioner may kindly be allowed;
(ii) That, the impugned order of promotion dated 29.7.2017 Annexure P/1 may kindly be directed to be set aside or the petitioner may kindly be granted promotion with effect from the date the other persons out of the order dated 29.7.2017 Annexure P/1 have been given benefit of promotion on the post of Asstt. Engineer with all consequential benefits including arrears of salary etc.
(iii) That, further the case of the petitioner for his promotion on the post of Executive Engineer in case occasion so arise be directed to be considered.
(iv) That, any other just, suitable and proper relief, which this Hon'
Downgrading an employee's performance ratings without communicating the reasons or providing an opportunity for a hearing violates the principles of natural justice. Uncommunicated adverse entries ca....
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
No prejudice has been caused to the petitioner, as the petitioner was considered for promotion. However, he was not promoted due to the petitioner not attaining the bench mark.
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