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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Hemen Mahanta @ Hemendra Chandra Mahanta, S/o Lt. Sahadev Mahanta – Appellant
Versus
State Of Assam, Rep By Its Secretary, Handloom Textile And Sericulture Deptt. – Respondent
| Table of Content |
|---|
| 1. factual background and history of the litigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding the absence of justifying records for adverse acr entries. (Para 11 , 12 , 13) |
| 3. court's disapproval of arbitrary decision-making and mechanical rejection of representations. (Para 14 , 15 , 16) |
| 4. adverse remarks must be supported by specific documented evidence and instances. (Para 17) |
| 5. mandate for review dpc and correction of service records. (Para 18 , 19 , 20) |
JUDGMENT :
RAJESH MAZUMDAR, J.
Heard Mr. B.M. Deka, learned counsel appearing for the petitioner. Also heard Mr. P.K. Munir, learned counsel appearing for the contesting respondent Nos. 2, 3 and 6
2.The petitioner has filed the present writ petition invoking the jurisdiction vested in this Court under provisions of Article 226 of the Constitution of India, being aggrieved by the order dated 15th of November 2022, by which the respondents have resolved to retain an earlier entry of adverse remark in the annual confidential report of the petitioner for the period 2018 to 2019.
3.The petitioner had joined the services of the Assam Khadi and Village Industries Board (hereinafter referred to as t
Every entry in an employee's ACR, including adverse remarks, must be communicated to the employee within a reasonable period, ensuring the right to contest such entries, as established by the Assam S....
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....
Timely communication of adverse remarks is essential; failure to comply renders such remarks invalid.
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....
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
Non-communication of performance remarks in ACRs violates natural justice and can adversely affect promotion eligibility, necessitating expungement of such remarks.
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