Dutt Vs. UOI & Ors. required said below benchmark ACR
grading to be intimated to the respondent for her response, the said below ... 4018/2011 Page 1 of 10
benchmark ACR grading was communicated to the respondent on May
12, 2010. She immediately approached the Central Administrative
Tribunal
Court in these writ
petitions is with regard to the below benchmark ACRs (Annual
Confidential Reports) which were not communicated to the employees ... latter decision, a clear view
has been taken that below benchmark ACRs, which have not been
communicated, are not to be simply ignored
case of non-
communication of below benchmark ACRs. The court directed that adverse
ACRs below the benchmark which fell within the zone of consideration ... adverse ACR. In case, the ACR
is upgraded, making the incumbent eligible for consideration, review DPC
would be held based upon the reappraised ACRs
altogether ignore the below benchmark ACRs and consider
the further preceding year ACR which were up to the
benchmark. But we must confess that nobody ... shall treat
such non-communicated below benchmark ACRs as if they were not
written or they were not available for any reason during the relevant
periods in
question which were below benchmark have been directed to be ignored
because below benchmark ACR gradings were never conveyed to the
respondent ... need to be communicated to the appraisee. Meaning thereby, a
below benchmark ACR grading which is 'Good' need not be communicated
Delhi for upgradation
of his „Below Benchmark‟ ACR grading. The Below Benchmark ACRs
of the petitioner for the years 2005-06 and 2007-08, were ... would not have suffered supersession. He
also stated that the Below Benchmark ACR gradings for the years 2005-
06 and 2007-08, as „Good
dated 10th November, 2009, the
Respondent requested that both the below benchmark ACRs should be
ignored as they had not been communicated ... direction to the
Petitioner to ignore all below benchmark ACRs of the Respondent which
were not communicated but were taken into account as adverse
ACR‟s
immediately
preceding the
said ACR‟S
If previous ACR
not available
then take into
consideration
the only ACR
available
before the ACR ... ACR‟s
immediately
preceding the
said ACR‟S
If previous ACR
not available
then take into
consideration
the only ACR
available
before the ACR
applicant. The two representations submitted by the
applicant on his below benchmark ACRs for 3 periods have
not been properly analysed and decided ... below benchmark gradings and interview, were held to be unjustified.
Learned counsel contended that so far as the adverse/ below benchmark
ACRs were concerned
have retired, the ACR containing the below
bench mark grading would be ignored and an ACR prior to the last
ACR considered would be taken ... below-
benchmark' ACRs. Now, those ACRs have been reconsidered and have been
upgraded and fall above the benchmark. Thus, the obvious corollary is that
