DEV DUTT versus UNION OF INDIA & ORS.

DEV DUTT versus UNION OF INDIA & ORS.

Non-communication of the 'good' ACR entry that affected promotion eligibility was arbitrary, unfair, and violative of Article 14 and natural justice, as the employee was deprived of opportunity to seek upgradation and to be considered for promotion.

Parties
Appellant: Dev Dutt; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
12 May 2008
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of Gauhati High Court Dismissing Writ Appeal
Outcome
Appeal allowed; judgments of Single Judge and Division Bench set aside.
Legal Topics
Annual Confidential Report, Natural Justice, Promotion Criteria, Communication of Adverse Entries, Article 14
Service Law Constitutional Law Annual Confidential Report Natural Justice Promotion Criteria Communication of Adverse Entries Article 14

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Parties

Dev Dutt

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Division Bench Judgment of Gauhati High Court Dismissing Writ Appeal

Legal Issues

  1. 1 Whether 'good' entry in the Annual Confidential Report is required to be communicated to the employee when it affects promotion chances
  2. 2 Whether non-communication of such entry is violative of Article 14 and principles of natural justice

Ratio Decidendi

Non-communication of the 'good' ACR entry that affected promotion eligibility was arbitrary, unfair, and violative of Article 14 and natural justice, as the employee was deprived of opportunity to seek upgradation and to be considered for promotion.

Court Disposition

Appeal allowed; judgments of Single Judge and Division Bench set aside.

Orders

  • 'Good' entry of 1993-94 to be communicated to appellant within two months.
  • Appellant permitted to make representation for upgradation within two months after communication.