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T. AMARNATH GOUD
Suma Chandra Das – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual basis for the petitioner’s claims. (Para 2 , 3) |
| 2. arguments about apar communication and representation. (Para 4 , 5 , 6) |
| 3. procedural deficiencies in handling of apar. (Para 10 , 11 , 12 , 13) |
| 4. legal principles regarding adverse entries. (Para 17 , 18) |
| 5. respondent's counterarguments on due process. (Para 19 , 20 , 21) |
| 6. conclusion allowing petitioner's request. (Para 27 , 28) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. Somik Deb, learned senior counsel assisted by Mrs. R. Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned Asst. S.G. appearing for the respondents.
2. This present petition has been filed under Article-226 of the Constitution of India for rendering substantive and conscionable justice to the petitioner and for quashing/setting aside the impugned letter dated 20.02.2019 and the impugned order of promotion and the impugned order dated 03.02.2020 and also forthwith revoke the impugned letter dated 20.02.2019 and the impugned order of promotion and the impugned order dated 03.02.2020 to promote the petitioner to the post of Assistant Commandant, BSF with effect from the date of promotion of his juniors.
3
Non-communication of adverse performance assessment entries denies fundamental right to a fair opportunity in promotion, violating principles of natural justice.
Uncommunicated APAR entries, including below benchmark gradings, cannot be considered by DPC for promotion; violates Article 14 and natural justice principles, entitling review DPC ignoring such entr....
The main legal point established in the judgment is the requirement for fairness and objectivity in preparing APARs, and the court's authority to expunge unjustified adverse remarks and direct a revi....
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 central legal point established in the judgment is the violation of the principle of natural justice and audi alteram partem in recording adverse remarks in the APAR, emphasizing the importance o....
Non-communication of adverse entries in Confidential Reports violates natural justice and affects promotion eligibility.
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