2005 (1) TMI 739

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....d as Deputy Collector Central Excise on ad hoc basis. Thereafter, his ad hoc appointment was regularised as Deputy Collector of Customs and Central Excise on 16.7.1985.   It is the case of the petitioner that the petitioner was senior to the respondents 4 to 7, however, the petitioner on the basis of ACRs for the years 1992-93, 1993-94 and 1994-95, has not been granted seniority. To appreciate the contention of the counsel for the petitioner the chart showing the Annual Confidential Reports (ACRs) considered by the Departmental Promotion Committee (DPC) for promotion to the post of Commissioner of Customs and Central Excise is as follows: S.No. Year Grading given by the Reporting Officer Grading given by the Reviewing Of....

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....orded as very good was not adverse, was patently illegal in view of the judgment of this Court in Major Bahadur Singh vs. Union of India and another in LPA No. 148/1997 reported in 103 (2003) DLT 105. Supreme Court in Gurdail Singh Fijji vs. State of Punjab and Others 1979 (1) S.L.R. 804 and U.P. Jal Nigam and Ors. v. Prabhat Chandra Jain and Ors. (1996) 2 SCC 363 has held: "We need to explain these observations of the High Court. The Nigam has rules, whereunder an adverse entry is required to be communicated to the employee concerned, but not downgrading of an entry. It has been urged on behalf of the Nigam that when the nature of the entry does not reflect any adverseness that is not required to be communicated. As we view it the....

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....lt arrived at by the High Court."   Similar is the view expressed in Full Bench Judgment of this Court in J.S. Garg Vs. Union of India reported in 100 (2002) DLT 177. From the catina of cases cited above it emerges that when an entry reflects an adverse element it may not amount to adverse entry in the strict sense of the promotion since both may be positive grading but as observed in U.P. Jal Nigam's case, the authority recording the confidential report in such a situation must record reason for such down grading in the personal file of   the officer concerned and inform him of the change in the form of an advice. The ratee must be given appropriate guidance and opportunity as and when his weakness is noticed. If taki....