ASITAV MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, holding the rank of Deputy Inspector General (DIG) in the respondentsBorder Security Force (BSF), has filed this petition (i) seeking mandamus to the respondents BSF to expunge the adverse remarks in the petitioner's Annual Performance Appraisal Report (APAR) for the year 2017-18 and to upgrade the petitioner's APAR for the year 2017-18 to 'Outstanding'; and, (ii) impugning the order dated 18th May, 2020 of the Ministry of Home Affairs (MHA) rejecting the representation of the petitioner against the impugned APAR, for the reason of having been preferred beyond the prescribed time.

(2.) It is the case of the petitioner, (i) that he has served the respondents BSF for 34 years and at least since the year 2013, has been graded as 'outstanding' or 'very good'; (ii) that prior thereto also, the APARs of the petitioner have been 'outstanding'/'very good' and there is nothing adverse in the earlier APARs also; (iii) that the impugned APAR was received by him in his office on 22nd April, 2019, but for the reason of his being on field duty, it was not communicated to him immediately and immediately on learning of the same, he represented thereagainst on 17th May, 2019 to the Director General of the respondents BSF; (iv) However in response to the aforesaid representation, the petitioner was advised on 24th May, 2019 that the representation had to be made to the MHA; (v) the petitioner, on 12th June, 2019 represented to the Home Secretary, Ministry of Home Affairs, Government of India; and, (vi) that the said representation has been rejected vide impugned order dated 18th May, 2020 only for the reason of having been preferred after 52 days instead of within 15 days as prescribed and the reason given by the petitioner for delay to be not satisfactory.

(3.) The counsel for the respondents BSF appears on advance notice.