M. Jeyapaul, J. - (1.) IT is an unfortunate case where the 1st Appellate Court meekly accepted the contention of the State that the plaintiff was not entitled to promotion as there were adverse entries in the Annual Confidential Reports during the relevant period, despite the fact that it was not duly conveyed to him by the department.
(2.) THE plaintiff who is the appellant herein filed the suit claiming his due promotion. His grievance is that his juniors were promoted as on 21.2.1983 and 14.7.1983 respectively but his case for promotion was not considered by the department. The State took up a plea in its written statement that the plaintiff had earned adverse entry in his ACR for the period 1975 -1976, 1976 -1977 and 1978 till March 1979. It is his further contention that the plaintiff earned adverse remarks even for the period from 1.4.1979 to 6.7.1979. Therefore, the plaintiff was rightly not promoted when his juniors were promoted, it was contended.
(3.) THE trial court having thoroughly adverted to the evidence on record in right perspective held that the adverse entry in the ACR pertaining to the period 1975 -1976, 1976 -77 and 1978 to March 1979 were not at all conveyed to the plaintiff till 2.3.1985. Even the communication sent by the department as regards the adverse entry made in the ACR of the plaintiff pertaining to the period from 1.4.1979 to 6.7.1979 was ultimately expunged as per the order passed on 25.11.1983 on the basis of the representation made by the plaintiff. Inasmuch as the adverse entries were not duly communicated to the plaintiff, such adverse entries cannot be taken note of by the department while considering his promotion, it was further held.;