Law Intellect India

Recent SC Judgement – Union of Indian v. Swati S. Patil, 2014(3) SCT 577(Delhi)(D.B)

images (3)Annual Confidential Report – Below benchmark grade – Non-communication of ACR – In the ACR for the year 2003-04 respondent had been graded ‘Good’ a grade which was below the prescribed benchmark of ‘Very Good’ – The said below benchmark ACR grading was communicated to be the respondent on May 12, 2010 in wake of DPC – Respondent on filed OA in Triunal parying for a direction that the said below benchmark ACR grading should be totally ignored for the reason it was only the Intitating Officer who had penned his opinion in the ACR proforma which was never accepted by the Accepting Authority or by the Reporting Authority – Tribunal holding that the ACR for the year in question has to be ignorrd – The direction issued by the Tribunal that as and when DPC site to consider the eligible candidates for promotion , respondent’s ACR for the year 2003-04 would be ignored and in its place an earlier ACR should be considered concurred. [2008(3) S.C.T. 429 and 1996(2) S.C.T 355 Relied].

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