Past annual confidential reports no basis to sack officials: SC

An employee can’t be sacked on the basis of past annual confidential reports (ACRs) without giving him an opportunity to defend himself.

Sacking a person on the basis of previous ACRs without giving him/ her a chance to be heard would go against the principles of natural justice and such dismissal is liable to be quashed, the Supreme Court ruled on Monday.

“If the employer uses some material adverse to the employee about which the latter is not given notice, the final decision gets vitiated on the ground of the violation of the principles of natural justice,” a bench of justices GS Singhvi and CK Prasad said.

“Even if there are no statutory rules which regulate holding of disciplinary inquiry against a delinquent employee, the employer is duty-bound to act in consonance with the rules of natural justice while recommending punishment for an employee,” it said while quashing the order of compulsory retirement imposed on Indu Bhushan Dwivedi, a sub-divisional magistrate of West Singhbhum in Jharkhand’s Chaibasa district.

The high court had upheld the termination order.

Dwivedi was sacked for submitting a fake medical certificate to leave Chaibasa and move to Ranchi even though the high court  directed  him not to leave during the period of suspension.
He also faced the charge of assaulting an accused in an inebriated condition.