Adverse Entry Against Govt Servant In Confidential Report Can’t Be Acted Upon Without Furnishing It To Him To Enable Effective Representation
Case: Suma Chandra Das v. The Union of India. and Ors.
Coram: Justice T Amarnath Goud
Case No.: WP(C) No. 428 of 2020
Court Observation: “It is a trite law that a downgrading and/or adverse entry in the Confidential Report can only be acted upon, to the prejudice of the government servant when such downgraded/adverse entry is furnished to the government servant at the earliest possible opportunity, thereby providing him a scope to submit an effective representation against such entry.”
“It is an established principle of service jurisprudence that even a downgrading in the Annual Confidential Report can be treated as an adverse entry and therefore, before recording such downgrading in the Confidential Report, the concerned employee is to be cautioned so that he can remedy his defects/shortcomings and only after administering such caution a downgrading in the confidential report can be recorded and the concerned employee is entitled to be confronted with such downgrading in the Confidential Report, thereby providing him with an opportunity to persuade the Reporting Officer, to alter the downgrading in the Confidential Report.”
“This Court feels that when both are standing on the same footing and the respondents being a government having full-fledged visionary, the latches on their part cannot be taken in a lighter sense, hence, the benefit needs to be extended to the petitioner.”
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Keywords
Adverse Entry Against Govt Servant, Effective Representation
