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Downgrading of ACR of an employee illegal, cannot be acted upon: DB 5/25/2015 11:47:40 PM Early Times Report Jammu, May 25 : A Division Bench (DB) of State High Court comprising Justice Mohammad Yaqoob Mir and Justice BS Walia in a landmark judgment while allowing a petition filed by Ramesh Tiwari and Ors, held that downgrading of ACR (Annual Confidential Report) of an employee from Good to Average that too without giving any reason is illegal and such ACR cannot be acted upon. After hearing both sides, the Division Bench while allowing the petition held that downgrading of ACRs, that too after agreeing with the report of reporting officer, is illegal and such ACRs cannot be acted upon and Division Bench further directed that such ACRs are treated to be Good and the petitioner is entitled for all the benefits including the arrears and other consequential benefits. This landmark judgment has been passed in a petition challenging the order of Central Administrative Tribunal on the ground that the Central Administrative Tribunal instead of deciding the matter itself, directed the petitioner to file a representation. According to the case of the petitioner was that Reporting Officer has reported Good grading for the year 2002, 2003 and 2004 but the reviewing officer, while agreeing with the remarks of reporting officer reviewed the same to be Average but never communicate to the petitioner. The counselor of petitioner submitted before the Court that the petitioner, who was working as Marketing Officer was given the benefit of ACP with effect from August 28, 2005 but he could not be given the same as his ACRs were reduced from Good to Average without assigning any reason. He further submitted that this was done at the back of the petitioner who was not given any opportunity of being heard. According to the ACP scheme, the employee must have three Good ACRs in the five preceding years and these two ACRs were reduced from Good to Average, so they have to be treated as Good and the petitioner has to be given benefit of ACP.   Share This News with Your Friends on Social Network     Comment on this Story

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