Dev Dutt vs Union Of India & Ors on 12 May, 2008
23. It is also to be noted that after the representation came up for
consideration, the present petitioners were asked to give their response. Copy of
the representation was available to the petitioners and the same has been
annexed to the writ petition as well. Representation is exhaustive and it contains
grounds on which the promotion of the present petitioners was challenged. The
writ petitioners did not refute any of these grounds by filing a specific reply. The
reply submitted by them was vague merely stating that they had been given
promotion by competent authority on apprisal of their merit. The Committee
thereafter perused the records and considered the individual ACRs. The findings
of the Committee, therefore, cannot be said to be violative of the principles of
natural justice. The finding of the Committee that promotion given to the juniors
superseding the seniors on the basis of un-communicated ACRs also cannot be
held to be wrong in view of the judgment of the Hon'ble Supreme Court in the
case of Dev Dutt v. Union of India & ors. reported in (2008) 8 SCC 725.