M F PASHA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER joined the services in the year 1977 as a Deputy Superintendent of Police. He was promoted to Superintendent of Police in the year 1984.

(2.) THE Selection Committee to prepare the select list of 1986 for promotion of IPS (Karnataka Cadre) under the IPS (Appointment by promotion) Regulation 1955) met on 5-12-1986. In view of certain adverse remarks in the ACRs for the year 1981-82, the petitioner was not included in the select list for 1986. In view of a direction of Central Administrative Tribunal, the recommendations of the Selection Committee was reviewed by a Review Selection Committee on 2-9-1989. The Review Selection Committee considered the case of petitioner who was at Sl. No. 3 of the eligibility list for inclusion in select list for 1986. On an overall relative assessment, the Review Selection Committee assessed the petitioner as unfit and did not include his name in the select list of 1986.

(3.) THE representation for expunction of adverse remarks for 1981-82, had been rejected by the State Government on 22-9-1984. However subsequently on considering petitioners application dated 8-2-1988 for review, the State Government by orders dated 27-11-1989 and 8-12-1989, held that the adverse remarks for 1981-82 were only advisory and not adverse and that the remarks in regard to 1982-83, were also advisory.