The Supreme Court has ruled that an employee cannot be sacked on the basis of past Annual Confidential Reports, without giving him or her an opportunity to defend or explain about the charges.<br/><br/>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. <br/><br/>A bench of Justices G S Singhvi and C K Prasad said in a judgement that even if there are no statutory rules which regulate holding of disciplinary enquiry against a delinquent employee, the employer is duty-bound to act in consonance with the rules of natural justice while recommending or imposing punishment on an employee. <br/><br/>The apex court passed the judgement while setting aside the order of compulsory retirement imposed on Indu Bhushan Dwivedi, Sub Divisional Magistrate of West Singhbhum in Chaibasa district, by the Jharkhand High Court. <br/><br/>The SDM was removed from service for submitting a false medical certificate to leave Chaibasa for staying in Ranchi though he was directed by the High Court not to leave the place during the period of suspension. <br/><br/>The other charge that he had assaulted an accused in an inebriated condition could not be established against him in the inquiry. Aggrieved by the punishment, the magistrate had appealed in the apex court.