Swami Sadashiva Brahmendra Sar (Nil) 01 December 2010
Adverse remark - If not communicated past adverse remarks can not be taken in to consideration while awarding punishment to employee – It is violation of natural justice – High Court’s order substituting dismissal for compulsory retirement set aside.
Given above is a recent view of Supreme Court - Posted for comments .
-Team Tripathi
Isaac Gabriel (Advocate) 06 December 2010
I tis mandatory to communicate the adverse remarks to the individual officer so that to make representation or appeal to expunge. Therefore not communicating it to the officer is against the provisions and so it cannot be held against him.
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