Supreme Court:It is mandatory for employer to communicate Annual confidential report within reasonable time

8. In our opinion, the view taken in Dev Dutt [Dev Dutt v. Union of India, MANU/SC/7666/2008 : (2008) 8 SCC 725: (2008) 2 SCC (L&S) 771] that every entry in ACR of a public servant must be communicated to him/her within a reasonable period is legally sound and helps in achieving threefold objectives. First, the communication of every entry in the ACR to a public servant helps him/her to work harder and achieve more that helps him in improving his work and give better results. Second and equally important, on being made aware of the entry in the ACR, the public servant may feel dissatisfied with the same. Communication of the entry enables him/her to make representation for upgradation of the remarks entered in the ACR. Third, communication of every entry in the ACR brings transparency in recording the remarks relating to a public servant and the system becomes more conforming to the principles of natural justice. We, accordingly, hold that every entry in ACR--poor, fair, average, good or very good-- must be communicated to him/her within a reasonable period.

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 5340-5341 of 2019 

Decided On: 10.07.2019

 Pankaj Prakash  Vs.  United India Insurance Co. Ltd. and Ors.

Hon'ble Judges/Coram:

Dr. D.Y. Chandrachud and Indira Banerjee, JJ.

Citation: AIR 2019 SC 3879

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Whether govt officer can be denied promotion on the basis of uncommunicated annual confidential report?

The
learned senior counsel on behalf of the appellant
has rightly placed reliance on the case of Sukhdev
Singh (supra), wherein this Court has lucidly laid
down the law pertaining to communication of ACR. It
was held that if the ACR of the officer concerned
is to be used for the purpose of denying promotion,
then all such ACRs were required to be communicated
to him, to enable him to make a representation
against his adverse entries made in the ACRs.
REPORTABLE
 IN THE SUPREME COURT OF INDIA
 CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6532 OF 2015
(Arising out of S.L.P. (C) NO. 1640 of 2014)

DALJIT SINGH GREWAL  Vs.STATE OF PUNJAB & ORS.

Citation; AIR 2016  SC1260

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Whether non communication of entries in annual Confidential Report will affect civil rights of employees?

Supreme Court Mandated Communication of not only all entries in annual confidential report but even whether the entry of a grade in a ACR in comparison to previous years entry resulted in lowering of the grade.
 In State of Maharashtra vs. Public Concern for Governance Trust & Ors. 2007 (3) SCC 587, it was observed (vide para 39): "In our opinion, when an authority takes a decision which may have civil consequences and affects the rights 
of a person, the principles of natural justice would at once come into play".


 In our opinion, non-communication of entries in the Annual Confidential Report of a public servant, whether he is in civil, judicial, police or any other service (other than the military), certainly has civil consequences because it may affect his chances for promotion or get other benefits (as already discussed above). Hence, such non-communication would be arbitrary, and as such violative of Article 14 of the Constitution.

Supreme Court of India

Dev Dutt vs Union Of India & Ors on 12 May, 2008

Bench: M Katju, H K Sema

Markandey Katju, J.

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