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HIGH COURT OF MEGHALAYA
Mr. Justice W. Diengdoh, J
JC No.3000886L NB SUB L.S. SINGH – Appellant
Versus
THE UNION OF INDIA AND 6 ORS. – Respondent
JUDGMENT :
W.DIENGDOH, J.
1. The petitioner herein being aggrieved by the Speaking Order No. LS Singh/UPAO-Legal/1126/2019/2454 dated 29.01.2020 by which the representation dated 30.09.2019 filed by him for upgradation of his ACR grading and/or to ignore the weak points found therein was rejected as devoid of merit, has now approached this Court with this petition under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of mandamus and/or certiorari by setting aside the said impugned Speaking Order and for grant of promotion with all consequential benefits thereof.
2. Background facts as is seen from the petition and the materials on record is that the petitioner was enrolled in the Assam Rifles on 21.05.1986 as Rifleman (GD). In due course he was promoted to the rank of Naik w.e.f. 02.04.1995 and again, he was further promoted to the rank of Havildar/GD w.e.f. 10.10.1997. On 01.09.2007 he was finally promoted to the rank of Nb Subedar.
3. It is an admitted fact of the petitioner that for promotion from the rank of Nb Subedar to the rank of Subedar the relevant recruitment rules under the Assam Rifles is based on seniority-cum-merit subject to
Non-communication of ACR entries is arbitrary and violates Article 14, but does not invalidate subsequent promotion if criteria are met.
Uncommunicated entries in Annual Confidential Reports cannot be used as grounds for denying promotion, violating principles of equality and due process.
Uncommunicated entries in Annual Confidential Reports cannot be relied upon for promotion decisions, affirming employees' rights to fair communication.
Promotion cannot be denied based on uncommunicated adverse entries in ACRs, violating the principles of fairness and Article 14.
The non-communication of performance assessment entries to an employee is arbitrary and violates the right to equality. Consequently, uncommunicated entries cannot be lawfully utilized to deny promot....
Uncommunicated adverse remarks in Annual Confidential Reports cannot be considered for promotion eligibility, reaffirming the principle of fair administrative action under Article 14.
Promotion decisions cannot be based on uncommunicated entries in Annual Confidential Reports, which contravenes principles of natural justice and the right to fair procedure under Article 14.
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.
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....
Denial of promotion based on non-communicated below benchmark ACRs violates Article 14, and such non-communication is arbitrary and illegal.
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