Service -- Indian Navy - Annual Confidential Reports (ACRs) - Adverse remarks - Denial of promotion - One particular adverse report (which stands expunged) not affected succeeding reports as rightly held by Armed Forces Tribunal (AFT) - Though appellant was given higher numerical grading by Initiating Officer (IO) and even by Next Senior Reviewing Officer (NSRO) - However,..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Annual Confidential Report - Adverse remarks - Judicial review - While exercising writ jurisdiction under Article 226 of the Constitution the Court does not act as an appellate authority but has limited scope to interfere where the recorded ACR actuated with mala fide or statutory provisions have not been..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Annual Confidential Report - Adverse remarks - Departmental Promotion Committee - Recommendations of DPC - Not recommending for promotion - Judicial review - The adverse remarks as recorded in the case of the petitioner were based on records - Leave no scope for the Court to interfere with the recommendations..........
Constitution of India, 1950, Article 14, 226 -- Annual confidential report - Adverse remarks - Rejection of representation with a non - speaking order - Adverse remarks about honesty doubtful recorded based on an FIR registered against petitioner in which he was never made an accused - In the charge - sheet produced in the Court, even other accused were acquitted - Even in..........
Annual Confidential Report -- Adverse remarks - Expunction of remarks Executive instructions - Violation of guidelines - Challenge as to - Instructions on which reliance placed do not have statutory substance - the instructions are mere guidelines to be used by the reporting officer - These instructions are non - justiciable and cannot be enforced in the Court of law by..........
Annual Confidential Report -- Adverse remarks - Expunction of remarks - Bias - Mala fide - Allegation of mala fide wholly vague and unspecific - Such allegations cannot be acted upon to record a finding of malice and bias - There has to be substantial evidence of malice and bias before the adverse remarks could be expunged on that ground...........
Annual Confidential Reports -- Adverse remarks - Expunction of - Adverse entries made on the basis of the departmental enquiry which was pending against the petitioner at the relevant time - Departmental enquiry stands filed by the competent authority accepting the enquiry report wherein nothing was found against the petitioner - Held that the adverse remarks are to be set..........
Administrative Order -- Review - Annual Confidential report - Adverse remarks - Expunction of on consideration of second representation since the pending departmental enquiry, on the basis which adverse remarks were recorded, was filed by the competent authority as nothing was found against the petitioner - DGP could not review the decision of his predecessor and the same..........
Punjab Civil Services Rules, Vol -- Compulsory retirement - Judicial review - Annual confidential report - Adverse remarks - Integrity doubtful - Member of superior judiciary - No material which would go to support the remarks endorsed in the annual confidential report of the petitioner - Not only the representation of the petitioner against the adverse remarks pending..........
Service -- Confidential report - `Above average' - No adverse remarks - There is neither any onus nor requirement to communicate the ACR entry to the employee...........
