The Hon’ble Supreme Court in Pankaj Prakash Vs United India Insurance Co. Ltd. reiterated that the entries in the Annual Appraisal Report must be communicated to the public servant. It was observed in the case that the entries in an employee’s Annual Appraisal Report were not disclosed to him, and as a result, he was unable to file a representation at the material time.
Therefore, a petition was filed before the Allahabad High Court, which was duly dismissed as failure to communicate did not arise actionable claims. Further, an appeal was made, and the bench consisting of Justice DY Chandrachud and Justice Indira Banerjee observed in Sukhdev Singh vs. Union of India that the three-judge bench of the Supreme Court held the ACR of an employee must be communicated to him within a reasonable time. Further, the court directed that the decision in the former case was implemented in 2013-2014 did not mean it was prospective, and the case had a legitimate grievance that had to be taken care of. Therefore, the Supreme Court disposed of the case by directing the officials to consider the representation.
Tags : #Legal