New Delhi, July 05: The Supreme Court has ruled that an employee cannot be sacked on the basis of past Annual Confidential Reports (ACRs) without giving him or her an opportunity to defend or explain about the charges.
The apex court said sacking a person on the basis of previous ACRs without giving him or her an opportunity to be heard would go against the principles of natural justice and such dismissal or removal is liable to be quashed.
“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 rule of audi alteram partem (principles of natural justice).
–Agencies