No.6081/2015 decided on 18th August, 2015, which makes reference to the earlier decisions of the Supreme Court in Dev Dutt, Sukhdev Singh and Abhijit Ghosh (Supra) . The grievance of the appellant in this case was that the DPC held on 10th May, 2006 had ignored him and had promoted his juniors, relying upon below the bench mark ACRs, relating to the periods 1999 to 2000, 21st June, 2000 to 31st March, 2001 and 1st April, 2001 to 31st March, 2002, which could not have been taken into consideration, for they were not communicated to the petitioner. Saroj Kumar had partly succeeded in the first round of litigation when the matter was remitted to the authorities to communicate the said ACRs and consider Saroj Kumar‟s representation. The second round followed when the representation made by Saroj Kumar for up-gradation was rejected. The second challenge by Suraj Kumar was also partly accepted with an order of remit for fresh consideration of the representation. Government had challenged the said order in the High Court, which was disposed of observing that the down-grading was without any material available on record and if there were complaints, the same should have been mentioned when the down-grading entries were recorded. Third round followed, when the review DPC rejected the claim of Saroj Kumar. This time again Saroj Kumar succeeded before the Tribunal, but the writ petition filed by the authorities was allowed. The stand taken by the authorities before the High Court was that the entries had been communicated after the first round of litigation and therefore, there was no violation of the ratio in the three decisions of the Supreme Court. Saroj Kumar thereupon approached the Supreme Court, but did not succeed for the following reasons:
