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T. AMARNATH GOUD
Suma Chandra Das – Appellant
Versus
Union of India – Respondent
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. The brief facts of the present are that on 12.01.2004, the petitioner was appointed to the post of Sub-Inspector in the BSF. Thereafter, in the year 2009, the petitioner was promoted to the post of Inspector, BSF. On 12.08.2012, the APAR of the petitioner was issued. On 01.12.2015, the said APAR was furnished to the petitioner without however intimating as to whether the entries recorded therein were ad
Non-communication of adverse performance assessment entries denies fundamental right to a fair opportunity in promotion, violating principles of natural justice.
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.
Non-communication of below benchmark grading in ACR/APAR is arbitrary and violative of Article 14 of the Constitution of India. The rejection of representation against below benchmark grading must be....
The failure to properly communicate adverse remarks in an APAR invalidates their use against an officer's career progression.
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
Uncommunicated ACR entries violate the right to fair representation under Article 14 of the Constitution, necessitating communication of all gradings to public servants for promotion processes.
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