A Division Bench of the Delhi High Court comprising of Justices Navin Chawla and Shalinder Kaur held that if the grading in the Petitioner’s ACR gave rise to a civil consequence, such grading must have been communicated to him. The Bench observed that if the Petitioner did not get an opportunity to challenge such grading, the Authority can’t use such grading to deny him the grant of NFSG.
Background
On 25.09.2019, the Internal Screening Committee considered the Petitioner for grant of Non-Functional Selection Grade (NFSG) for the year 2000. While doing so, five of his ACRs from the last years were taken into consideration. For the year 1998-1999, the Petitioner’s grading in the ACR was ‘average’ which was below benchmark. Therefore, he was graded as ‘unfit’ as per Office Memorandum dated 09.10.1989. He made a representation against the same which was rejected on 12.06.2020. Resultantly, the Petitioner filed a Writ Petition before the High Court seeking quashing of the rejection order. The Petitioner further claimed grant of NFSG with effect from 06.06.2000.
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