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Apr 28, 2010

ACRs with below benchmark grading considered in past DPCs

No. 2101111/2010-Estt.A

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi

Dated the 27th April 2010

Subject:- ACRs with below benchmark grading considered in past DPCs-reg.

The undersigned is directed to state that this Department has issued O.M. of
even number dated 13.04.2010 that if an employee is to be considered for
promotion in a future DPC and his ACRs prior to the period 2008-09 which would
be reckonable for assessment of his fitness in such future DPC contain final
grading which are below the benchmark for his next promotion, before such ACRs
are placed before the DPC, the concerned employee will be given a copy of the relevant ACR for his representation, if any, within 15 days of such communication. The representation
is to be decided by the competent authority as per provisions in para 2 of
aforesaid O.M.

2. The Hon'ble Supreme Court in their judgement dated 12.05.2008 in Civil Appeal
No. 763 lof 2002 (Dev Dutt vs Union of India) had held that the 'good' entry in
the ACR of the appellant which had not been communicated to him and considered
in a past DPC which found him unfit for promotion, should be communicated for
representation and if upgradation is allowed by the competent authority, he
should be considered for promotion retrospectively by the DPC. When the
petitions in SLP (Civil) No. 1577012009, now converted to Appeal Civil No. 2872
of 2010 (Union of India vs. A.K. Goel & Ors.) were called for hearing, the
Supreme Court has taken note of the apparent conflict between the decisions of
the Hon'ble Court in Dev Dutt case on one hand and the judgemetns of Supreme
Court in Satya Narain Shukla Vs UOI 2006 (9) SCC 69 and K.M. Mishra vs. Central
Bank of India & Ors. 2008 (9) SCC 120 on the other hand and by their Order dated
29.03.2010, the Hon'ble Court has referred these appeals to a Larger Bench (copy
/ attached).

3. In the light of the Orders issued by Hon'ble Supreme Court in the aforesaid
SLP (Civil) No. 1577012009, Union of India Vs. A.K. Goel & Ors.,all
MinistrieslDepartrnents are advised that wherever petitions have been filed in
the Courts to grant relief on the basis of the aforesaid decision of the Supreme
Court in Dev Dutt case, the latest Orders of the Supreme Court in A.K. Goel case
may be brought to the notice of the Court.


AU Ministries/Departmento of Government of India

(C.A. Subramaninn)


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