- (1.)The petitioner was working as Deputy Director Agriculture and was considered for promotion to the next higher post of Joint Director. However, the petitioner was not found fit and juniors of the petitioner were promoted. The petitioner has been found unfit for promotion on the basis of average grading in Annual Confidential Reports ('ACRs') of the year 2001 to 2005. This report was never communicated to the petitioner. Therefore, he filed Writ Petition (S) No. 1341/2013 before this Court.
(2.)This Court, by its order dated 01/08/2013 held that the action of the respondent/State holding the petitioner unfit as illegal on the basis of the judgment of Dev Dutt v. Union of India & Others, 2008 AIR(SC) 2513 Thereafter, this Court further directed the respondent to:
(i) to communicate all the annual confidential reports, which were made basis for holding the petitioner unfit for promotion;

(ii) on representation made by petitioner, the same shall be considered; and,

(iii) thereafter, if there is any change in the remarks, the case of petitioner shall again be considered for promotion by constituting a review D.P.C.

(3.)In compliance of this Court order dated 01/08/2013, petitioner preferred a representation on 13/03/2014 before the respondent/State. The respondent/State did not communicate all the adverse remarks to the petitioner as directed by this Court, leading to filing of Contempt Petition (C) No. 481/2013 (Mahadev Dhruve v. Devendra Singh). During the pendency of that contempt petition, the ACRs of the year 2001 to 2005 were communicated to the petitioner on 08/01/2014. After receiving the ACRs of the year 2001 to 2005, the petitioner found that entries in the ACRs were not in accordance with law. Thereafter, he made detailed representation on 12/03/2014 along with circulars and guidelines relating to ACRs, but when the petitioner did not receive any communication on consideration of his representation, he filed instant contempt petition on 17/07/2014 alleging non-compliance of order dated 01/08/2013 stating inter alia that his representation against the adverse entries in his ACR has not been considered at all and he has been declared unfit for promotion.