Case Note & Summary
The Government of India and the Additional Director of CGHS filed writ petitions challenging an order of the Central Administrative Tribunal, Bangalore Bench, dated 05.11.2015 in O.A.Nos.720 & 721/2013. The respondents, Dr. Raghunath Sharma and Dr. P B Chulaki, were medical specialists in CGHS who were not considered fit for promotion because they allegedly did not reach the requisite benchmark in their Annual Confidential Records (ACRs) for the last five years. The respondents contended that when the ACR grading was given, all the columns before reaching the conclusion of grading were not filled up by the competent officer, and only the final grading was given. The Tribunal quashed the non-promotion, and the High Court upheld that decision. The court held that the ACR must be complete in all columns before the final grading can be considered valid for promotion purposes. The petitions were dismissed, and the Tribunal's order was confirmed.
Headnote
A) Service Law - Promotion - Annual Confidential Record (ACR) - Requirement of Completeness - The denial of promotion based on ACR grading is invalid if the columns preceding the final grading are not filled up by the competent officer - Held that the ACR must be complete in all respects before the final grading can be relied upon for promotion decisions (Paras 3-4).
Issue of Consideration
Whether the denial of promotion to the respondents on the ground of not reaching the requisite benchmark in ACRs for the last five years is valid when the columns before reaching the conclusion of grading were not filled up by the competent officer.
Final Decision
The High Court dismissed the writ petitions, upholding the order of the Central Administrative Tribunal dated 05.11.2015 which quashed the denial of promotion to the respondents.
Law Points
- Annual Confidential Record (ACR) must be complete in all columns before final grading
- non-filling of columns renders grading invalid
- promotion cannot be denied based on incomplete ACRs
Case Details
2016 LawText (KAR) (07) 51
Writ Petition Nos.35070-35071/2016 (S-CAT)
Jayant Patel, B.Sreenivase Gowda
Smt.Manjuladevi.R.Kamadalli (for petitioners), Sri. B.S.Venkatesh Kumar (for respondents)
Government of India, represented by Under Secretary, Ministry of Health and Family Welfare, CHS Division, New Delhi; The Additional Director, Central Government Health Scheme, Bangalore
Dr. Raghunath Sharma; Dr. P B Chulaki
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Central Administrative Tribunal, Bangalore Bench, in O.A.Nos.720 & 721/2013 dated 05.11.2015.
Remedy Sought
The petitioners (Government of India and Additional Director, CGHS) sought to quash the CAT order which had set aside the denial of promotion to the respondents.
Filing Reason
The respondents were not considered fit for promotion on account of not reaching the requisite benchmark in ACR for the last five years. The respondents challenged this before CAT, which quashed the denial. The government filed the present writ petitions.
Previous Decisions
The Central Administrative Tribunal, Bangalore Bench, in O.A.Nos.720 & 721/2013 dated 05.11.2015, quashed the denial of promotion to the respondents.
Issues
Whether the denial of promotion based on incomplete ACRs is valid.
Submissions/Arguments
The petitioners argued that the respondents did not reach the requisite benchmark in ACR for the last five years.
The respondents contended that the columns before reaching the conclusion of grading were not filled up by the competent officer, and only the final grading was given.
Ratio Decidendi
The ACR must be complete in all columns before the final grading can be considered valid for promotion purposes. Non-filling of columns renders the grading invalid.
Judgment Excerpts
The short facts of the case appear to be that the respondents were not considered as fit for promotion on account of not reaching the requisite benchmark in Annual Confidential Record (for short ACR) for the last five years.
As per the respondents, when ACR grading was given, all the columns before reaching to the conclusion of grading were not filled up by the competent officer and only final grading was given.
Procedural History
The respondents filed Original Applications (O.A.Nos.720 & 721/2013) before the Central Administrative Tribunal, Bangalore Bench, challenging the denial of promotion. The Tribunal allowed the applications on 05.11.2015. The Government of India and the Additional Director, CGHS, filed the present writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, which dismissed the petitions on 19.07.2016.
Acts & Sections
- Constitution of India: Articles 226, 227
