Dev Dutt vs Union Of India & Ors on 12 May, 2008
5. On the part of the petitioner it was contended that since some of the ACRs
of the respondents were below the benchmark of "very good", they were not
found fit for promotion by the DPC. The Tribunal after considering the decision
WP (C) Nos.8381/11, 8393/11 & 8404/11 Page 2 of 6
in the case of Dev Dutt v. Union of India & Ors: (2008) 8 SCC 725 observed
that the below benchmark grading in the ACRs, before they can be considered by
the DPC, would necessarily have to be communicated to the concerned officer
for giving him an opportunity to represent against the same. Since that had not
been done in the present case, the Tribunal passed the following order:-