VidhiSangh

Supreme Court of India · 21/01/2019

ANIL KUMAR versus UNION OF INDIA AND ORS.

[2019] 2 S.C.R. 521 · 2019 INSC 64

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Summary

CSIR denied financial upgradation and promotion on below-benchmark ACRs that had not been communicated in time, and later failed to consider the employee’s representation. Its autonomous status and prospective adoption of departmental memoranda did not excuse non-compliance with the Supreme Court’s binding requirement to communicate all ACR entries. The Court ordered representation and reconsideration, preserving the screening benchmark and making consequential benefits conditional on a favourable outcome.

Issues

  1. Whether CSIR’s autonomy or adoption date for departmental memoranda excused failure to communicate below-benchmark ACRs.
  2. What reconsideration and consequential relief followed non-communication and failure to decide the representation.

Held

Result

Appeal allowed and High Court judgment set aside. Representation and fresh consideration of financial upgradation and, conditionally, promotion directed within the specified framework. Consequential benefits conditional on favourable consideration. No order as to costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 521.