KISHAN PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, is a constable G.D, and has sought quashing by the respondents of the adverse entries made in the ACRs of the petitioner for the year 2002 and has also sought quashing of communication dated 2nd May, 2008 and list "C" of 2007. THE petitioner has also sought directions to the respondents to draw a fresh seniority list without considering his adverse entry of the ACR of 2002 and to include his name in the list "C" of 2007 onwards and to award him ACP as per the rules and his seniority.

(2.) THE petitioner contended that a major punishment was imposed on him by the Summary Force Court by order dated 20th March, 1998, sentencing him to 70 days of rigorous imprisonment in forced custody w.e.f. 20th March, 1998 to 28th May, 1998. On account of this punishment, adverse entries were made in his ACR for 2002.

(3.) A prohibition was also imposed on the petitioner for five years to be eligible for the next promotion on account of the major penalty and, therefore, the name of the petitioner could not be included in the "C" list. It was also disclosed that after the completion of the punishment tenure the name of the petitioner had been placed at Srl.No.1 in the "C" list of 2009 and his overall seniority was fixed at 224.