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1 - 3 of 3 (0.59 seconds)Thdc India Limited vs Smt. T. Chandra Biswas on 8 March, 2013
In THDC India Ltd. vs. T. Chandra Biswas 199 (2013) DLT 284, this
Court has held that
"...... providing to an employee gradings without the
narrative is like giving a conclusion in judicial/quasi-
judicial or even an administrative order without providing
the reasons which led to the conclusion. If the purpose of
providing ACRs is to enable the employee to assess his
performance and to judge for himself whether the person
writing his ACR has made an objective assessment of his
work, the access to the narrative which led to the grading
is a must....."
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
20. In our opinion besides the non-communication of the remarks, what is
more significant is the fact that the relevant APAR also shown to us during
the hearing, does not record any remarks concerning the four memos. The
numerical over all grading of 5.6 out of 10 given by the Respondent, was
W.P.(C) 213/2016 Page 15 of 19
thus without relying or taking the memos into consideration. Since the said
memos never formed basis for grading the Petitioner, Respondents cannot be
giving a post facto justification for down grading the Petitioner. On this
issue, the following observations of the Supreme Court in judgment of
Mohinder Singh Gill and Ors. vs. The Chief Election Commissioner, New
Delhi AIR 1978 SC 851 become relevant:
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