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Supreme Court of India 2019-07-10 allowed

PANKAJ PRAKASH vs UNITED INDIA INSURANCE CO.LTD

Bench: 2 — Dhananjaya Y Chandrachud, Indira Banerjee

In Brief

An insurance company employee sought promotion from Scale III to Scale IV in 2014-15 but was denied based partly on performance ratings for 2010-11 and 2011-12 that were never disclosed to him. The Supreme Court held that all APAR entries must be communicated under the principle established in Dev Dutt. Since the lower 2011-12 rating materially affected his promotion prospects, non-disclosure was prejudicial. The Court directed the company to disclose the entries, allow him to submit representations, and reconsider promotion eligibility at a senior level to ensure fairness. The appeal was allowed."

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