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Judgment
H. S. Thangkhiew, J
The case of the petitioner is that he was denied promotion and has been superseded by his juniors without being accorded any opportunity of hearing, and without being communicated the weak points in his ACR. The promotion in question is to the post of Naib Subedar GD, wherein, the ground of non-consideration of his promotion by the respondents was for not meeting the ACR criteria for the year 2018-2019.
This case on examination is squarely covered by the judgment dated 30.07.2019 passed in WP(C) No. 323 of 2017 which is based on a similar set of circumstances. As such, in view of this position, the writ petition is disposed of with the following directions.
i) The respondent authorities are directed to communicate the entries made in the ACR to the petitioner to enable him to make a representation, if he so, chooses within a period of 1 (one) month. The representation so presented will be decided within a period of 1 (one) month thereafter in accordance with law. Further, it is directed that if the entry if upgraded in consideration of the representation, the respondent authorities thereafter shall consider the case of the petitioner for promotion retrospectively by holding a DPC. The entire exercise shall be completed within a period of 6 (six) months from the date of receipt of a certified copy of this order.
Accordingly, the writ petition is allowed to the extent as indicated above and disposed of.