PRABIR CHANDRA KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned Senior counsel assisted by Mr. M. D. Das and Mr. A. Das, learned counsels for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Government Advocate for the respondent nos. 1 to 4.

(2.) By filing this petition, the petitioner challenges the manner in which a remark was entered into his Annual Confidential Report (ACR in short) for the year 2017-2018 which resulted in depriving him from his promotion to the Indian Administrative Service (IAS in short). The petitioner has also assailed the order dtd. 28/12/2021 by which the prayer for expunging the adverse remarks in his ACR has been rejected. He further assailed and alleged noncommunication of full ACR including the overall grading and assessment of integrity to the petitioner.

(3.) Facts necessary for consideration of the grievance of the petitioner, in nutshell, are that the petitioner was inducted in the Assam Civil Service through the Assam Public Service Commission. He joined his service on 25/5/1992. He was promoted to the cadre of Senior Grade I vide order dtd. 31/12/2015 and posted as District Development Commissioner, Dhubri. The petitioner was transferred and posted as Chief Executive Officer, Lakhimpur Zilla Parishad vide notification dtd. 17/2/2016. Thereafter, he was transferred and posted as Chief Executive Officer, Morigaon Zilla Parishad vide notification dtd. 5/10/2016. The petitioner was Graded in his ACR as 'Outstanding' in the year 2016-2017. The service of the petitioner has been recognised by the authorities concerned for his outstanding efforts and many awards and incentives were given by the authorities. According to the petitioner, all those commendation and national awards of the petitioner from 2016 to 2018 given to the petitioner by the Central Government have been ignored by the Reporting Officer, while making the assessment of ACR of the petitioner. While assessing the ACR, the Reporting Officer has not called for special report from the Commissioner of Division and President, Zilla Parishad, which is an indispensible requirement under the relevant notifications (infra).