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Service & Administrative LawSupreme Court of India

Rukhsana Shaheen Khan v. Union of India

Civil Appeal · 2018 INSC 752Decided 28 Aug 2018
Civil Appeal No. 32 of 2013
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant's case for promotion had been considered and rejected by the competent authority, which relied on certain Annual Confidential Reports containing adverse remarks against her. Critically, these adverse ACR entries had never been formally communicated to her at the time they were recorded, denying her any opportunity to contest or explain them before they affected her career.

Decision Breakdown

The Supreme Court noted that this exact legal question had already been settled by its earlier decision in Sukhdev Singh v. Union of India (2013), which held that uncommunicated adverse ACRs cannot lawfully be relied upon in service-related decision-making. Applying that binding precedent, the Court allowed the appeal, set aside the impugned judgment, and directed the competent authority to disregard the uncommunicated adverse ACRs and take a fresh decision on the appellant's promotion claim strictly in accordance with law, after giving her a hearing and an opportunity to rely on other relevant precedent (Prabhu Dayal Khandelwal). The exercise was to be completed within two months.

Lesson Learnt

An employer cannot use negative performance remarks against an employee, for promotion, discipline, or any other career decision, unless those remarks were actually communicated to the employee at the time, giving them a chance to respond; what was never disclosed to you cannot later be held against you.

Rukhsana Shaheen Khan v. Union of India – Legal Case Shots | LegalAware