‘Sleeping’ for 17 years over ACR grievances unacceptable, consequent benefits to others cannot be unsettled: Tribunal
A colonel commissioned into the Army in June 2002 had moved the tribunal in January this year seeking the quashing of six ACRs earned by him from 2009 to 2019
The Armed Forces Tribunal has held that challenging low grades awarded in annual confidential reports (ACR) after an inordinate delay without justification is not permissible because it could upset service matters and other benefits resultantly accrued by fellow employees that have subsequently been settled.
A colonel commissioned into the Army in June 2002 had moved the tribunal in January this year seeking the quashing of six ACRs earned by him from 2009 to 2019.
He contended that he had an unblemished service record, but his gradings were disproportionately low, and his work was assessed in a manner that was neither fair nor based on his performance and did not meet the objective criteria laid down. As a result, he was not nominated for the Higher Command Course in 2022 and 2023.
“The act of the applicant in sleeping over his right and not ventilating his right on time resulted in creation of right in the favour of many of his co employees some of whom are juniors to him in the matter of promotion and various service benefits, and at this stage by evaluating the CR from the year 2009 onwards, this Tribunal would be upsetting all the settled issues and reopening the issues which is not permissible in law,” the Bench comprising Justice Rajendra Menon and Administrative Member Rasika Chaube ruled.
The Bench observed that the applicant kept quiet for 8-17 years after his first impinged CR of 2009 and did not give any reason as to why the CRs right from 2009 up to 2019 are being challenged after such a long period of time.
“In the matter of promotions, seniority and grant of CR, if challenges are not made within a reasonable period of time, things settle down and third party interests of fellow employees are created, and if a person sleeps over his right for a long period of time and makes a plea after an unexplained period of time, challenge to the same may create disadvantage to persons who have received promotions or other benefits based on the CRs earned by them and the applicant having kept quiet over the matter had permitted such rights to accrue to the fellow employees who may be junior to him as well,” the Bench said.
“Now, unsettling the things which have settled between 2009 to 2019 after such a long period of time without any justification given, in our considered view, would create a situation where settled issues in various matters would be disturbed and, therefore, on the principles of delay and laches and the inaction on the part of the applicant in not challenging the CRs within a reasonable period of time, we see no reason to interfere into the matter,” the Bench ruled.
