ACRs with below benchmark grading considered in past DPCs

Copy of Department of Personnel and Training No No. 2101111/2010-Estt.A dated 27.4.2010

Sub : 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. 5770/2009, 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.