SANJEEV KUMAR TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner who was working as Joint Director in the Public Relations Department, Government of Chhattisgarh, Raipur has preferred this writ petition with prayer for quashing of note-sheet dtd. 7/11/2013 (Annexure P/13) by which the petitioner's representation for upgradation of ACR has been rejected, the petitioner has also challenged the action of the respondents in downgrading of the Annual Confidential Report (ACR in short) for the year 2007-08 and 2008-09, due to which he has been deprived of promotion on the post of Joint Director and has been superseded by his junior on 7/12/2010. He is also assailing the order dated 31.012.2017 by which respondent No. 4 (Umesh Mishra) who is junior to him has been promoted to the post of Additional Director from the post of Joint Director and the order dtd. 6/4/2018 by which his case seeking review DPC has been rejected.

(2.) Brief facts as reflected from the records are that the petitioner joined as Assistant Director in the year 1994 through Public Service Commission. After reorganization of State of Madhya Pradesh as State of Madhya Pradesh and Chhattisgarh in the year 2000, he was allocated to State of Chhattisgarh. Petitioner was promoted as Dy. Director on 14/10/2003 whereas Respondent No. 4 was promoted to the post of Dy. Director on 20/10/2006 as such he was junior to him.

(3.) The petitioner was graded 'Excellent' in ACR from 2003 to 2007 and from 2009 to 2012. But he was graded 'Very Good' in ACR for the years 2007 to 2009 and again in the year 2013-14 he got 'Very Good' which was upgraded to Excellent.