SUMER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who was not recommended for promotion to the post of Deputy Commandant from the post of Assistant Commandant by the DPCs held on 29th October, 1991; 24th November, 1992 and 17th November, 1993, has sought directions to the respondents to produce the service dossier and other relevant records and has sought perusal of the same and to quash the "displeasure" dated 16th April, 1991 given by the Director General of the Border Security Force and for expunging the adverse remarks in his ACR for the period ending 31st March, 1992. The petitioner has also prayed that on quashing the 'displeasure given by the Director General, Border Security Force and on expunging the adverse remarks from his ACR for the period ending 31st March, 1992, he be given promotion, pay and allowances and other benefits from the date his immediate juniors had been promoted. The petitioner has also prayed for compensation for humiliation and dishonour shown to him on the basis of false and malafide complaints against him.

(2.) BRIEF facts relevant for the decision of the present writ petition are that the petitioner was an Assistant Commandant in Border Security Force during the relevant period that is 1991, 1992 and 1993 till he was promoted to the post of Deputy Commandant on the recommendation of the DPC held in November, 1994. Pursuant thereto, he was promoted to the said post in June, 1995.

(3.) ACCORDING to the petitioner, while on duty in Punjab he had apprehended hard core militant Sukhvinder @ Bhinder Singh and in July, 1991 his company had apprehended other terrorist Buta Singh and had also seized one tractor and ammunition in encounter in which he had played very important role. He had saved the lives of 64 persons of a company from ambush of militants near the village of Harvan (J&K) by putting his own life in danger. He also disclosed that he had apprehended a top organizer of JKLF (Sokat) and had participated in "hot spring expedition". His performance was good on the academic side in various courses conducted by the BSF and the Army.