S.B. Bhattacharjee vs S.D. Majumdar & Ors on 15 May, 2007
11.In the present case, after entering the adverse remarks in the petitioner's ACR, the Superintendent of the respondent Corporation has communicated the same to the petitioner by the letter dated 2.1.2002. In response to that, the petitioner has also submitted his representation dated 12.3.2002. Subsequently, when the adverse remarks attained finality, the said representation of the petitioner was considered by the Departmental Promotion Committee. Therefore, the said decision in S.B.BHATTACHARJEE VS. S.D.MAJUDDAR AND OTHERS (2007) 10 SCC 513) will apply to the case of the respondent, but not to the petitioner.