JAI GOPAL LODTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Precise question, which arises for consideration of this Court in the case at hand is "whether ACRs having adverse entries could have been taken into consideration by the Departmental Promotion Committee while considering the case of the petitioner for promotion to the higher post or not?"

(2.) Before adverting to the factual matrix of the case, it would be apt to take note of the law laid down by the Hon'ble Apex Court in case titled Dev Dutt v. Union of India and Ors., 2008 8 SCC 725, wherein it has been categorically held that all gradings whether "very good", "good", "average" or "poor", are required to be communicated to the employees working in the government offices, statutory bodies, public sector undertakings or other state instrumentalities. It has been further held in the aforesaid judgment that gradings are required to be communicated within the reasonable period so that employee concerned gets an opportunity of representation for improvement of his grading and representations are to be decided fairly and within reasonable period by an authority higher than the one which made the entry. Relevant paras of the aforesaid judgment are as under:-

(3.) Reliance is also placed on judgment passed by the Hon'ble Apex Court in Sukhdev Singh v. Union of India and Ors., 2013 9 SCC 566, wherein it has been held as under: