9911796707
TMI Blog2005 (1) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... on ad hoc basis. Thereafter, his ad hoc appointment was regularised as Deputy Collector of Customs and Central Excise on 16.7.1985. It is the case of the petitioner that the petitioner was senior to the respondents 4 to 7, however, the petitioner on the basis of ACRs for the years 1992-93, 1993-94 and 1994-95, has not been granted seniority. To appreciate the contention of the counsel for the petitioner the chart showing the Annual Confidential Reports (ACRs) considered by the Departmental Promotion Committee (DPC) for promotion to the post of Commissioner of Customs and Central Excise is as follows: S.No. Year Grading given by the Reporting Officer Grading given by the Reviewing Officer Remarks 1 1989-90 Outstanding Outstandi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1996) 2 SCC 363 has held: "We need to explain these observations of the High Court. The Nigam has rules, whereunder an adverse entry is required to be communicated to the employee concerned, but not downgrading of an entry. It has been urged on behalf of the Nigam that when the nature of the entry does not reflect any adverseness that is not required to be communicated. As we view it the extreme illustration given by the High Court may reflect an adverse element compulsorily communicable, but if the graded entry is of going a step down like falling from 'very good' 'to good' that may not ordinarily be an adverse entry since both are a positive grading. All that is required by the authority recording confidentials in the situation is to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g but as observed in U.P. Jal Nigam's case, the authority recording the confidential report in such a situation must record reason for such down grading in the personal file of the officer concerned and inform him of the change in the form of an advice. The ratee must be given appropriate guidance and opportunity as and when his weakness is noticed. If taking that entry into consideration seniority is not granted to the rate, it has an element of adverseness as far as his service profile is concerned. Therefore, it is well settled that although the Court cannot moderate the appraisal and grading given by an officer while exercising the power of judicial review but as the entries for the period indicated above had an element of adverse r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
