:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2444 OF 2007 Shri.Arvind Narayan Bhorkar. ..Petitioner. Vs. The National Book Trust, India and ors. ..Respondents. Mr. S.V.Marne for the petitioner. Mr. Susheekl Mahadeshwar for the Respondents. CORAM: F.I. REBELLO & R.S. MOHITE, JJ. DATE : 18th November,2008 P.C. P.C. P.C. 1. The petitioner is seeking the relief for setting aside the order dated 7.6.2007 which denied the petitioner time bound promotion i.e. Assured Career Progressions Scheme . 2. It appears that the Confidential Reports of some years were not communicated and yet this was held against the petitioner in denying him the ACP scheme. It is now well settled that all adverse confidential reports as also where there is benchmark confidential reports less than the benchmark are considered as adverse and have to be communicated by the employee to the officer, if those are to be used against the said officer. 3. The Supreme Court now in Dev Dutt Vs. Union of India and ors. reported in 2008(5) SLR 252 has taken a :2: view that all confidential reports whether they be adverse or not must be communicated. 3. Considering the above, we direct the respondent No.1 to communicate all adverse and uncommunicated confidential reports to the petitioner. The petitioner to make representation to the competent authority and the competent authority thereafter to decide the same. On such decision, case of the petitioner be reconsidered according to law and if the petitioner is entitled to the ACP scheme then to grant the same. The entire exercise to be completed within 16 weeks from today. With the above observations, petition is disposed off. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)