Annual Confidential Reports (ACR)

Before taking away right of person, a person is required to be confronted with charges levelled against him

There is no rationale indicting petitioner, for, it was not unilateral decision of the petitioner but under the direction of the senior officer - Before taking away right of person, a person is required to be confronted with charges levelled against him - Even enquiry was conducted at the back of petitioner but was never handed over any charge-sheet – Adverse inference liable to be withdrawn.

(2021-1)201 PLR 708 = 2021 PLRonline 008

Delay in recording the annual confidential report

ACR – Except for a short period from 2.10.2003 to 28.1.2004, where it has been commented in the integrity and the reliability columns as 'average', petitioner had earned 'good reports' - The confidential report for this period has been recorded on 13.10.2008 which is after a period of more than four and a half years and that too therein also it is only an 'average' report - Integrity of the petitioner has not been doubted nor has it been reported that the petitioner is an unreliable person - Firstly because of the delay in recording the annual confidential report and secondly this is only for a period of about four months and that too only average, cannot be made the basis for denying the petitioner promotion- Annual Confidential Report .

2012 PLRonline 5001

'integrity' or 'reliability' of the petitioner and for a span of about four months, he is assessed as 'average'

ACR - There is nothing to doubt the 'integrity' or 'reliability' of the petitioner and for a span of about four months, he is assessed as 'average' - Had the integrity been doubted or he would have been assessed as an unreliable officer then the things would have been different - For the remaining period, the reports are 'good' and therefore, the said annual confidential report for the period 1.4.2003 to 31.3.2004 should be treated as 'good' - Thus denial of the promotion to the petitioner cannot sustain - Annual Confidential Report.

2012 PLRonline 5001

Integrity of an officer can either 'good or bad', but it can never be 'average'

ACR - Integrity of an officer can either 'good or bad', but it can never be 'average' - He can be honest or not honest or dishonest - This shows non-application of mind and a casual approach adopted, while recording the annual confidential report and therefore, the said report qua integrity of the petitioner cannot sustain - As the petitioner has been assessed as average, the same cannot be treated as not honest, dishonest or even doubtful - Annual Confidential Report.

2012 PLRonline 5001