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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Service & Administrative LawSupreme Court of India

R.K. Jibanlata Devi vs. High Court of Manipur & Ors.

Writ Petition (Civil) · 2023 INSC 164Decided 24 Feb 2023
Writ Petition (Civil) No. 1209 of 2021
M.R. Shah · C.T. Ravikumar

Background

The petitioner, a court employee who had risen to the post of Superintendent in the Manipur High Court, was denied promotion to Assistant Registrar by a Departmental Promotion Committee (DPC) held in April 2021, while more junior colleagues were promoted. She challenged this directly before the Supreme Court (since most Manipur High Court judges were themselves connected to the decision, making it appropriate to bypass the High Court). Her key grievances were that the DPC relied on two Annual Confidential Reports (ACRs): one for 2016-17 that was never shown to her at all, and one for 2019-20 that was shown to her only one day before the DPC met, without giving her the full 15 days allowed to object to it.

Decision Breakdown

The Supreme Court reaffirmed settled law that an ACR grading, even a "Good" one, cannot be used against an employee for promotion purposes unless it was actually communicated to them and they were given a fair chance to represent against it. Since the 2016-17 ACR was never communicated at all, and the 2019-20 ACR was sprung on her just one day before the DPC met (denying her the statutory 15-day window to object), both had to be excluded from consideration. The Court also rejected the High Court's argument that interviewers were unaware of the ACR gradings, noting ACR marks (80 out of 100) dominated the scoring scheme. It ordered the DPC's decision quashed and directed a fresh promotion decision within six weeks based only on her remaining (higher-rated) ACRs, with full back-benefits from the date her juniors were promoted if she succeeds.

Lesson Learnt

A government employer cannot use a performance appraisal against an employee for promotion or other adverse decisions unless it has been properly communicated to the employee with a real opportunity to object, rushing a review process to avoid giving that opportunity will not be upheld by courts.

R.K. Jibanlata Devi vs. High Court of Manipur & Ors. – Legal Case Shots | LegalAware