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Supreme Court of India 2019-01-21 allowed

ANIL KUMAR vs UNION OF INDIA AND ORS

Bench: 2 — D.Y. Chandrachud, Hemant Gupta

In Brief

An employee of CSIR challenged the rejection of his claim for financial upgradation under the MACP scheme and non-promotion to Senior Deputy Secretary/Senior Controller of Administration for 2013-2014 vacancies. The Court held that even autonomous bodies like CSIR must comply with the principles mandating communication of Annual Confidential Reports (ACRs) to employees within a reasonable period, as established in Dev Dutt v. Union of India. Non-communication deprives employees of the opportunity to make representations affecting promotion and benefits, violating natural justice. The Court allowed the appeal and directed CSIR to grant the appellant an opportunity to submit his representation regarding the ACRs where he failed to meet the benchmark, with consequential reconsideration of his promotion case.

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Administrative Law Civil Service Law Personnel and Service Matters Annual Confidential Reports Promotion and Financial Upgradation Natural Justice Autonomous Bodies MACP Scheme

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