Excelsior Correspondent
JAMMU, May 25: Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice BS Walia today said that downgrading ACR (Annual Confidential Report) of an employee from Good to Average that too without giving any reason is illegal and such ACR cannot be acted upon.
The Division Bench held this in a petition filed by Ramesh Tiwari and others challenging the order of Central Administrative Tribunal on the ground that the Central Administrative Tribunal instead of deciding the matter itself directed the petitioner to file a representation. The petitioner submitted that the Reporting Officer has reported Good grading for the year 2002, 2003 and 2004 but the Reviewing Officer, while agreeing with the remarks of the Reporting Officer reviewed the same to be Average but never communicated to the petitioner.
After hearing Senior Advocate SS Lehar with Advocates Meharban Singh and Aditya Sharma for the petitioner, Division Bench, while allowing the petition, held that downgrading of ACRs, that too after agreeing with the report of Reporting Officer, is illegal and such ACRs cannot be acted upon.
The DB further directed that such ACRs are treated to be Good and the petitioner was held entitled for all the benefits including the arrears and other consequential benefits.
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