Shobhana Singh vs The Chairman, Chhattisgarh State ...
2021 Latest Caselaw 1869 Chatt

                                          1

                                                                                NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                           WPS No. 4348 of 2021

   1. Shobhana Singh W/o Surendra Singh Aged About 46 Years R/o Quarter -
      6/B, Street - 40, Sector - 10, Bhilai, District - Durg, Chhattisgarh - 490006.

                                                                        ---- Petitioner

                                       Versus

   1. The Chairman, Chhattisgarh State Power Companies, Dangnia, Raipur,
      Chhattisgarh - 492013, District : Raipur, Chhattisgarh

   2. The Managing Director, Chhattisgarh State Power Holding Company Limited,
      Dangnia, Raipur, Chhattisgarh - 492013, District : Raipur, Chhattisgarh

   3. The Managing Director, Chhattisgarh State Power Distribution Company
      Limited, Dangnia, Raipur, Chhattisgarh - 492013, District : Raipur,
      Chhattisgarh

   4. The General Manager (HR), Chhattisgarh State Power Distribution Company
      Limited, Dangnia, Raipur, Chhattisgarh - 492013, District : Raipur,
      Chhattisgarh

                                                           ----Respondents

For Petitioner : Shri Ashwin Panickar, Advocate For State : Shri Neeraj Pradhan, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 19.08.2021

1. The limited relief that the petitioner seeks in the present writ petition as

of now is for an appropriate direction to the respondents No. 3 & 4 for

providing the Appraisal report (Annual Confidential Report) of the

petitioner, during the period she was on deputation with the

respondents No. 3 & 4 for the period between 01.04.2018 to

31.12.2018.

2. Counsel for the petitioner submits that she has just been

communicated of the gradings provided for the said period which has

been reflected as Grade 'C' with Average. However, the copy of the

ACR was not supplied to the petitioner on account of which the

petitioner could not or is not able to represent before the Higher

authorities for up-gradation of the same. Counsel for the petitioner

submits that the petitioner has repeatedly been approaching the

respondents for the same but on the ground of confidentiality, the same

has been turned down.

3. At this juncture, it is necessary to refer to the judgment of the Hon'ble

Supreme Court in the case of Dev Dutt v. Union of India and Ors. 2008

(8) SCC 725 where the Hon'ble Supreme Court has made it mandatory

for all the employers to ensure that the ACRs of every employee to be

communicated even if there is no adverse entry. The said judgment has

been followed by the State of Chhattisgarh as also there are guidelines

and circulars issued by the authorities in this regard. Counsel for the

petitioner submits that even the guidelines under the respondents

require providing of the ACR to each of the employees.

4. Given the said facts and circumstances of the case, even otherwise

after the judgment of the Hon'ble Supreme Court in the case of Dev

Dutt (supra), it becomes a right of an employee to know the entries that

has been made by the employer in the Appraisal Report and in the

ACR. The purpose and object behind an employee to be informed

about the entries made in the Appraisal Report is for the reason that, in

case if any correction and improvement have to be done, the same can

be done. Only informing the grading of the employee without providing

the Appraisal Report and the ACR, the petitioner or for that matter any

employee would not be in a position to know as to the area in which the

petitioner or the employee was found to be lacking in discharging of his

duty, so that appropriate remedial steps can be taken for improvement

in the subsequent years.

5. Given the aforesaid facts and circumstances of the case and also the

legal position as it stands subsequent to the judgment of the Supreme

Court in the case of Dev Dutt (supra) and all the subsequent decision

upholding the view of the Hon'ble Supreme Court in the case of Dev

Dutt, the present writ petition at this juncture can be disposed of

directing the respondents No. 3 & 4 to ensure that Confidential Report

of the petitioner for the period between 01.04.2018 to 30.12.2018 be

provided to her at the earliest preferably within a period of 60 days from

the date of receipt of copy of this order.

6. Needless to mention that subject to the petitioner being provided the

Confidential Report, she would have the liberty to represent before the

authorities concerned for necessary up-gradation of the grading so

provided if she so wants.

7. Accordingly, the present writ petition stands disposed off.

Sd/-

P. Sam Koshy Judge J-