whether the uncommunicated Annual Confidential Reports (ACRs), which are adverse to the appellant, should have been relied upon for the purpose of consideration of the appellant for promotion. 2. In view of the decision of this Court in Sukhdev Singh Vs. Union of India & Ors. reported in (2013) 9 SCC 566, there cannot be any dispute on this aspect. This Court has settled the law that uncommunicated and adverse ACRs cannot be relied upon in the process.

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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 32 OF 2013
RUKHSANA SHAHEEN KHAN Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. The sole issue involved in this appeal is whether
the uncommunicated Annual Confidential Reports
(ACRs), which are adverse to the appellant, should
have been relied upon for the purpose of
consideration of the appellant for promotion.
2. In view of the decision of this Court in Sukhdev
Singh Vs. Union of India & Ors. reported in (2013) 9
SCC 566, there cannot be any dispute on this aspect.
This Court has settled the law that uncommunicated
and adverse ACRs cannot be relied upon in the
process.
3. This appeal is, accordingly, allowed and the
impugned Judgment is set aside with the following
directions :-
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(a) The competent authority is directed to ignore the
uncommunicated adverse ACRs and take a fresh decision
in accordance with law.
(b) The appellant shall be afforded an opportunity
of hearing in the process.
4. It will be open to the appellant to make all
available submissions, including the reference to the
Judgment of this Court in Prabhu Dayal Khandelwal Vs.
Chairman, U.P.S.C & Ors. reported in (2009) 16 SCC
146.
5. The above exercise shall be completed within a
period of two months from today.
No costs.
…………………..J.
[ KURIAN JOSEPH ]
…………………..J.
[ SANJAY KISHAN KAUL ]
New Delhi;
August 28, 2018.