UOI Vs. V S ARORA

JUDGEMENT

(1.) THESE writ petitions raise a common issue of law and, therefore, they are being disposed of together. The issue before this Court in these writ petitions is with regard to the below benchmark ACRs (Annual Confidential Reports) which were not communicated to the employees. The question is whether when the DPC meets, what does it have to do with regard to these below benchmark non-communicated ACRs? Does it ignore those ACRs or is it the requirement of law that the ACRs should be communicated to the concerned employees even at that stage and that they be given an opportunity to move representations against the same and after the representations are disposed of, the DPC should be re-convened to consider the case of the employees for promotion?

(2.) A series of decisions have been referred to by the learned counsel appearing on both sides. The learned counsel appearing for the petitioners had a twofold contention. In the first place, they submitted that the decision in the case of Dev Dutt v. Union of India: (2008) 8 SCC 725 was in conflict with certain other decisions of the Supreme Court including that of Satya Narain Shukla v. Union of India: 2006 (5) SCALE 627 and K. M. Mishra v. Central Bank of India and Others: (2008) 9 SCC 120. It is for this reason that the Supreme Court itself, in the case of Union of India v. A. K. Goel: SLP (Civil) 15700/2009 by an order dated 29.03.2010, has referred the matter to a Larger Bench. A similar order of reference has been passed in Union of India v. Uttam Chand Nahta and Others: SLP (Civil) No. 29515/2010 by an order dated 29.11.2010. Thus, according to the learned counsel for the petitioners, this Court should await the decision of the Larger Bench of the Supreme Court.

(3.) THE learned counsel for the respondents further submitted that the view in Abhijit Ghosh Dastidar (supra) has been affirmed and followed in subsequent decisions of the Supreme Court, which includes the decision in the case of Union of India v. J. S. Garg: Civil Appeal No. 5319/2003, decided on 24.11.2009 and Union of India v. Ranjana Kale: SLP (C) No. 29929/2010 decided on 29.11.2010 as also in the case of Union of India v. N.K. Bhola: Civil Appeal No. 6937/2011 decided on 16.03.2012.