AIROnline 2020 Del 575

Delhi High Court

Hon'ble Judge(s): S. Muralidhar, Talwant Singh , JJ

Constitution of India , Art.16, Art.14, Art.226— Service record - Adverse remarks and below benchmark grading in Annual Confidential Rolls (ACRs) for years 2000-'01 till 2005-'06 - Representations of officer against, rejected by Competent Authority - No satisfactory explanation given for not communicating adverse entries in ACRs to officer within stipulated time - Incomplete ACRs or ACRs with uncommunicated entries were placed before DPC - He had been declared unfit for promotion by DPC on basis of incomplete ACRs containing uncommunicated adverse remarks and below benchmark grading - Rejection of representations was unsustainable - As regards malice in law, extraordinary cases of continuous harassment faced by officer at hands of Department - Direction issued by Tribunal for holding Review DPCs and giving all consequential benefits, warrants no interference. (Para 52 54 55 58) .....