Yes, if a review promotion committee meeting is held, the missing ACRs can be considered for the purposes of your promotion if these ACRs belonged to the required relevant 5 years’ period which was to be considered for promotion. It is the duty of the concerned authorities to write the ACRs on time and make them available to the promotion committee. You are not responsible if any delay is caused in this regard by the authorities. Moreover, once these ACRs are available at the time of the review committee, such committee should consider these ACRs which were missing earlier, if they belong to the 5 years period which is required to be considered for the purposes of the promotion.
Recently, in the case of P. Sivanandi v. Rajeev Kumar, (2017) 4 SCC 579, the Supreme Court has held that the officer cannot be prejudiced merely because superior officers concerned delayed writing the ACRs by observing:
“…the fact that the ACR of Sivanandi was written and reviewed by his superior authorities after a considerable delay obviously cannot put him to any disadvantage. The writing and review of his ACR was beyond his control and we do not see any rational basis on which Sivanandi could be disadvantaged merely because his superior officers were lax in the discharge of their responsibilities.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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