DALJIT SINGH GREWAL versus STATE OF PUNJAB & ORS.

DALJIT SINGH GREWAL versus STATE OF PUNJAB & ORS.

The downgrading of the appellant's performance in ACR by respondent No. 4 was not valid, being unauthorized and tainted with malafides. The adverse entries deprived the appellant of promotion contrary to rules, instructions, and without proper communication or authority. Denial of promotion was thus illegal.

Parties
Appellant: Daljit Singh Grewal; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
21 August 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Review Order
Outcome
Appeal allowed
Legal Topics
Annual Confidential Reports, Promotion, Seniority Cum Merit, Adverse Entries, Malafides
Service Law Annual Confidential Reports Promotion Seniority Cum Merit Adverse Entries Malafides

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Parties

Daljit Singh Grewal

Appellant

State of Punjab & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Review Order

Legal Issues

  1. 1 Validity of adverse entries in ACR and their impact on promotion
  2. 2 Competence and authority for making adverse entries
  3. 3 Malafide denial of promotion

Ratio Decidendi

The downgrading of the appellant's performance in ACR by respondent No. 4 was not valid, being unauthorized and tainted with malafides. The adverse entries deprived the appellant of promotion contrary to rules, instructions, and without proper communication or authority. Denial of promotion was thus illegal.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and orders of High Court and departmental denial of promotion set aside
  • Respondents directed to reconsider appellant's claim so he may be granted the higher post notionally for pensionary benefits