Uncommunicated ACR downgrading cannot prejudice promotion consideration; the case must be reconsidered on communicated material only.

An uncommunicated fall from "Very Good" to "Good" in the petitioner's Annual Confidential Reports could not be used to his detriment in promotion consideration, because Rule 9 of the CPWD Service Manual required communication of such downgraded performance entries so the officer could respond or improve. The DPC and reviewing authorities were therefore required to assess the promotion case only on communicated and valid material. The writ petition succeeded, the impugned order was set aside, and the matter was remitted for fresh reconsideration of promotion.

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Issues: Whether the petitioner's promotion case was vitiated because the respondents failed to communicate the fall in standard reflected in the Annual Confidential Reports as required by Rule 9 of the CPWD Service Manual, Vol-I, 1992, and the principle governing communicated downgrading of performance entries.

Analysis: The petitioner's service record showed that entries of 'Good' were used in the relevant years, but the fall from the earlier 'Very Good' grading was not communicated to him. The applicable rule was intended to ensure that an officer is informed not only of adverse remarks but also of a fall in performance so that an effective representation or improvement could be made. The Tribunal had focused on whether the DPC could itself ignore the grading, instead of addressing whether the non-communication of the downgraded entry had unlawfully affected the promotion process. On the principles governing judicial review, an authority cannot rely upon an uncommunicated downgraded entry to the detriment of the employee, and the matter had to be reconsidered after excluding the uncommunicated 'Good' entry.

Conclusion: The non-communication of the fall in standard vitiated the consideration of the petitioner's case, and the promotion matter was required to be examined afresh by the DPC.

Final Conclusion: The writ petition succeeded, the impugned order was set aside, and the case was remitted for reconsideration of the petitioner's promotion.

Ratio Decidendi: Where a service rule requires communication of a fall in performance, an uncommunicated downgraded entry cannot be used to the employee's prejudice in promotion consideration, and the matter must be reconsidered on the basis of communicated and valid material only.

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