1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO.  32 OF 2013

RUKHSANA SHAHEEN KHAN                        Appellant(s)

                               VERSUS

UNION OF INDIA & ORS.                        Respondent(s)

J U D G M E N T

KURIAN, J.

1. The sole issue involved in this appeal is whether

the  uncommunicated  Annual  Confidential  Reports

(ACRs), which are adverse to the appellant, should

have  been  relied  upon  for  the  purpose  of

consideration of the appellant for promotion.

2. In view of the decision of this Court in Sukhdev

Singh Vs. Union of India & Ors. reported in (2013) 9

SCC 566, there cannot be any dispute on this aspect.

This Court has settled the law that uncommunicated

and  adverse  ACRs  cannot  be  relied  upon  in  the

process.

3. This  appeal  is,  accordingly,  allowed  and  the

impugned  Judgment  is  set  aside  with  the  following

directions :-

2

(a) The competent authority is directed to ignore the

uncommunicated adverse ACRs and take a fresh decision

in accordance with law.   

(b)  The appellant shall be afforded an opportunity

of hearing in the process.   

4. It  will be  open to  the appellant  to make  all

available submissions, including the reference to the

Judgment of this Court in Prabhu Dayal Khandelwal Vs.

Chairman, U.P.S.C & Ors. reported in  (2009) 16 SCC

146.

5. The above exercise shall be completed within a

period of two months from today.

No costs.   

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; August 28, 2018.