The High Court rejected the petitioner's writ petition challenging rejection from promotional post due to uncommunicated 'average' remarks. The court held average remarks do not disentitle promotion and need not be communicated.
Petitioner's writ petition rejected with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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dgm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5289 OF 2011
| Narendra Kumar Bansal | .... | Petitioner |
|---|---|---|
| vs | ||
| Union of India and anr. | .... | Respondent |
Mr. G.K. Masand with Mr.A.A. Manwani for the petitioner. Mr. T. J. Pandian for respondents/Union of India.
CORAM: D. K. DESHMUKH &
ANOOP V. MOHTA, JJ.
DATE : December 21, 2011
P.C.:
Heard the learned counsel appearing for both the sides.
correctly considered that as the records for 5 years of service was to be considered. Out of those 5 years, the Petitioner has average remarks for 3 years, good remarks for one year and very good remark for one year and, therefore, according to the Tribunal, the consideration of
the Petitioner was correctly done. The learned counsel appearing for
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the Petitioner submits that average remark was not communicated to the Petitioner and therefore could not have been considered. However, as the average remark does not disentitle the Petitioner from consideration for promotional post, in our opinion, it is not required to be communicated. There is no substance in the Petition. The
same is rejected. There shall be no order as to costs.
(ANOOP V. MOHTA, J.)
(D. K. DESHMUKH,J.)
1 issue framed by the court
Whether a 'very good' average remark in service records must be communicated to an employee for consideration of promotion.
Narendra Kumar Bansal
Union of India
D. K. Deshmukh
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
