Vinod Goyal v. State Of Punjab And ORS

10.

Thus, even an average ACR is considered to be of adverse comment, may take away a rightful claim of promotion or grant of ACP or selection scale. In the present case, respondents have denied the petitioner the

benefit of ACP based on the adverse remarks as above. However, the overall assessment in both the ACRs has been made as "average" by the Reporting Officer which is agreed by the Reviewing Officer. 11.

In these circumstances, considering that these ACRs were going to affect the petitioner's future service, the same should have been conveyed. Even otherwise, where there was an adverse remark of "below average" in different columns, the same should have been communicated. 12.

The Supreme Court in the case of has held that if the adverse remarks have not been communicated, the same should not be looked into. The relevant portion of the observations made by apex Court is as under:-

13.

Thus, an un-communicated ACR have to be ignored. 14.

If the un-communicated ACR of the petitioner are ignored, the remaining ACRs of the petitioner are found to be "very good". The denial of benefit of ACP based on the un-communicated adverse ACRs, therefore, has to be held to be bad in law. The respondents were required to examine the record without looking into the un-communicated ACRs. Accordingly, he would be entitled for grant of benefit of ACP on completion of nine years of service. Even otherwise, the assessment of record of the petitioner for grant of selection scale and ACP has to be distinguished from that for the purpose of assessing the record for promotion in the case of R.K. Jibanlata Devi Vs. High Court of Manipur through Registrar General and Others; 2023 SCC Online SC 178 . The said aspect has been re-examined and it has been held as under:-

15.

Keeping in view thereto, the present Writ Petition deserves to be allowed and is accordingly allowed. The respondents are directed consider the case of the petitioner for ACP on completion of 9 years of service. Accordingly, his salary shall be revised. The exercise shall be conducted within a period of three months henceforth.

16.

All the pending applications in this Writ Petition stand disposed of accordingly.