WA/2524/2026 of The Union of India through its Secretary Vs Ravindra Prasad on 21 August 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The Union of India preferred the present writ appeal challenging the writ petition order dated 06.01.2026 passed in W.P.No.722 of 2016.

2. The respondent filed the writ petition challenging the order of the Deputy Inspector General, Central Reserve Police Force, dated 22.11.2012 and directing the appellants to promote the petitioner as ‘Commandant’ with effect from 25.10.2012. The respondent, while serving as Second-in-Command, was imposed with the punishment of ‘displeasure’ for having remained unauthorisedly absent for a period of 10 days. However, the name of the respondent was included in the panel for promotion to the post of ‘Commandant’ for the year 2012. But his case was not considered on the ground that there were adverse remarks in his Annual Confidential Report (ACR) for the year 2007-08. The representation submitted by the respondent in this regard was rejected. Thus, the writ petition came to be filed.

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3. The Writ Court considered the fact that the adverse remarks made in the Annual Confidential Report of the respondent were not communicated to him. Therefore, the said adverse remarks cannot be held against the officer for grant of promotion. The legal principle settled is that any uncommunicated adverse remarks cannot be held against an officer while considering his/her case for grant of promotion. The Hon’ble Supreme Court, in the case of R.K.Jibanlata Devi -vs- High Court of Manipur reported in (2023) LiveLaw (SC) 139, reiterated the said principle as follows:- “7. In view of the above and for the reasons stated above, the case of the petitioner for promotion to the post of Assistant Registrar as on 09.04.2021 is required to be considered afresh ignoring the uncommunicated ACRs for the years 2016-17 and 2019-20 and her case is required to be considered afresh taking into consideration the ACRS for the years 2017-18 & 2018-19 for which the petitioner was having "Very Good" gradings.

8. In view of the above and for the reasons stated above, present petition is allowed. The DPC proceedings dated 09.04.2021 denying the promotion to the petitioner for the post of Assistant Registrar are hereby quashed and set aside. The case of the petitioner for promotion to the post of Assistant Registrar as on 09.04.2021 i.e., the date on which the juniors came to be promoted is directed to be considered afresh ignoring the uncommunicated ACRs for the years 2016-17 and 2019-20 and thereafter the DPC/competent authority to take a fresh decision in accordance with law and taking into consideration the

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ACRs of remaining years, i.e., 2017-18 and 2018-19. Such an exercise be completed within a period of six weeks from today.”

4. In the present case, admittedly, the adverse remarks made for the year 2007-08 in the Annual Confidential Report of the respondent were not communicated to him, affording an opportunity to submit his explanation/representation on such adverse remarks. Therefore, such adverse remarks cannot be held against the respondent and, therefore, the issue in this regard has been rightly considered by the Writ Court in consonance with the legal principles. Consequently, the writ appeal stands dismissed. No costs. (S.M.S.,J.) (K.G.R.,J.) 21-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No skr

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. skr WA No. 2524 of 2026 21-08-2026