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2015 (9) TMI 81 - SC - Indian LawsDeprivation from promotion - 'Good' remark in Annual Confidential Report instead of “Outstanding” or “Very good” - whether such a downgradation of Annual Confidential Report would amount to adverse remark and thus it would be required to be communicated or not - Held that:- Every entry in ACR of a public servant must be communicated to him/her within a reasonable period is legally sound and helps in achieving threefold objectives. First, the communication of every entry in the ACR to a public servant helps him/her to work harder and achieve more that helps him in improving his work and give better results. Second and equally important, on being made aware of the entry in the ACR, the public servant may feel dissatisfied with the same. Communication of the entry enables him/her to make representation for upgradation of the remarks entered in the ACR. Third, communication of every entry in the ACR brings transparency in recording the remarks relating to a public servant and the system becomes more conforming to the principles of natural justice. We, accordingly, hold that every entry in ACR – poor, fair, average, good or very good – must be communicated to him/her within a reasonable period. - appellant has already been promoted. In view thereof, nothing more is required to be done. Civil Appeal is disposed of with no order as to costs. However, it will be open to the appellant to make a representation to the concerned authorities for retrospective promotion in view of the legal position - Decision in the case of Dev Dutt vs. Union of India [2008 (5) TMI 632 - SUPREME COURT] followed.
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