SAROJ KUMAR versus UNION OF INDIA AND OTHERS

SAROJ KUMAR versus UNION OF INDIA AND OTHERS

After communication of the relevant ACR entries and rejection of representation, the Tribunal was not correct to direct reconsideration of the appellant's promotion from the date juniors were promoted. Once communication and representation requirements have been fulfilled, those entries can be considered for promotion decisions.

Parties
Appellant: Saroj Kumar; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
18 August 2015
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Promotion, Annual Confidential Reports (acrs), Natural Justice, Denial of Promotion, Communication of Adverse Remarks
Service Law Promotion Annual Confidential Reports (acrs) Natural Justice Denial of Promotion Communication of Adverse Remarks

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Parties

Saroj Kumar

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether promotion can be denied on the basis of uncommunicated adverse or below benchmark entries in the ACRs after they have been duly communicated and representation rejected
  2. 2 Whether the Tribunal was correct in directing reconsideration of the promotion from the date juniors were promoted after communication and representation process had concluded

Ratio Decidendi

After communication of the relevant ACR entries and rejection of representation, the Tribunal was not correct to direct reconsideration of the appellant's promotion from the date juniors were promoted. Once communication and representation requirements have been fulfilled, those entries can be considered for promotion decisions.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs