SANJEEV DHUNDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present petition seeking quashing of un-communicated recommendations of the Departmental Promotion Committee ('DPC') dtd. 14/7/2021, vide which he has been declared 'unfit for promotion to the rank of Inspector General of Police'. In addition, quashing of order dtd. 8/9/2021, whereby petitioner has been informed that the Appointments Committee for the Cabinet ('ACC') has removed him from the panel for promotion to the rank of Inspector General of Police in CRPF for the year 2021, is also sought.

(2.) According to petitioner, he had applied and was appointed to the post of Assistant Commandant in Central Reserve Police Force ('CRPF') in December, 1987. During 33 years of his service, he performed his duties with utmost dedication and hard work. Resultantly, petitioner claims to have received promotions in the rank of Deputy Commandant; Second-in- Command; Commandant and Deputy Inspector General during this period. Petitioner further claims that all his Annual Performance Assessment Reports ('APAR') prior and subsequent to year 2018-19 have been consistently graded as "Outstanding". However, for the period 1/4/2016 to 16/12/2016, petitioner was graded "Very Good" in his APAR. Being aggrieved, petitioner made a representation to the Ministry of Home Affairs ('MHA') and vide order dtd. 28/5/2018, upgraded his APAR for the said period was to "Outstanding".

(3.) On this aspect, petitioner has averred in the petition that on receipt of copy of APAR for another period 1/4/2017 to 31/3/2018 on 2/4/2019 in terms of guidelines dtd. 14/5/2009 by the Department of Personnel and Training (DoPT), petitioner found that he was awarded only 7.1 marks out of 10, which although meant "Very Good" but certain adverse remarks like "lack of initiative, improvement in welfare of men and weak in inter personal relations" were recorded by the Reporting Officer in the said APAR without prior warning or advisory being issued to him; on the contrary he was awarded "Outstanding" by the DG, CRPF in the said APAR. The petitioner made another representation to the Home Secretary, MHA to expunge the adverse remarks and this time also, vide order dtd. 28/5/2018, the respondents expunged the same and upgraded it to "Outstanding". Further, the MHA vide order dtd. 7/1/2020 expunged all the adverse remarks recorded in the APAR for the years 1/4/2017 to 31/3/2018.