RAKESH KUMAR SHARMA Vs. UOI

JUDGEMENT

(1.) APPOINTED as an Asstt.Commandant under BSF in the year 1984 the petitioner earned a promotion as Deputy Commandant in the year 1989 and needless to state each year ACRs were written as per the procedure prescribed.

(2.) FOR the year 1993 -94 the Initiating Officer i.e. the Commandant of the battalion Sh.G.S.Shekhawat penned an adverse remark in the confidential roll which was conveyed to the petitioner under cover of a letter dated 13.8.1993 with an opportunity given to the petitioner to respond there - against. The petitioner submitted his representation which was rejected vide order dated 15.5.1996 and against the rejection the petitioner preferred a representation to the President of India which was rejected vide order dated 13.11.1997.

(3.) THE result was that Departmental Promotion Committees which met on 19.3.1997 and 29.9.1997, considered the adverse remarks while appraising the petitioner and it is obvious that the said adverse remark influenced the committee in not declaring petitioner fit for promotion.