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Madhya Pradesh High Court · body

2020 DIGILAW 67 (MP)

Manish Kumar Gupta And Another v. State Of M. P. And Others

2020-01-10

G.S.AHLUWALIA

body2020
JUDGMENT 1. This petition under Article 226 of the Constitution of India has been filed seeking the following relief:- ' (1) This Hon'ble Court may kindly be pleased to allow this petition and direct the respondent No. 2 and 3 to set aside the impugned comment along with 'D' grade from service books of the petitioners made by respo.No. 4 for the year 2015 and 2016 (Annexure P-1). (2) This Hon'ble Court may further kindly be pleased to direct the respondent No. 1 & 2 to initiate a departmental inquiry against respo.No. 4 for taking this illegal advantage of his post and non compliance of law for commenting negative with grade 'D' in ACRs. (3) Any other relief which this Hon'ble Court deems fit in the facts and circumstances may also kindly be allowed. (4) Cost of the petition may kindly be awarded. " 2. It is submitted by the counsel for the petitioners that in the ACRs of the year 2015-16 and 2016-17, 'D' grade was given, as a result of which, the petitioners have made representation to the respondent (Annexure P-4) and the said representation is still pending and has not been decided so far. Although those ACRs were never communicated to the petitioner. It is further submitted that in the light of the judgment passed by the Supreme Court in the case of Devdutt Vs. Union of India and others reported in (2008) 8 SCC 725 , the 2 ACRs are required to be communicated and the employee has a right to make a representation against the ACR. 3. Considered the submissions made by the counsel for the petitioner. 4. It is the case of the petitioners that ACRs of the year 2015-16 and 2016-17 have not been communicated to them, but as they came to know about the grade 'D' given to them, therefore, they have made a representation to the respondents No. 1 to 3, which have not been decided so far. 5. Since the employee has a right to make a representation against his ACR, therefore, the innocuous prayer made by the counsel for the petitioners for early disposal of the representation is accepted. 6. 5. Since the employee has a right to make a representation against his ACR, therefore, the innocuous prayer made by the counsel for the petitioners for early disposal of the representation is accepted. 6. Accordingly, it is directed that in case, if the petitioners file an application for urgent disposal of the representation along with the certified copy of this order, then the competent authority shall decide the representation (Annexure P-4) as early as possible preferably within a period of one month from the date of receipt of certified copy of this order. With the aforesaid liberty, the petition is finally disposed of.