BAHADUR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This letters patent appeal has been filed against the order passed by the learned Single Judge in CWP No. 1774/97 decided on 29th April, 1997. Col.Digamber Singh, learned counsel for the appellant has contended that the learned Single Judge has not adverted to the fact that on account of Confidential Report initiated in CFL, Delhi for 1988-89 and 1989- 90 in which due to subjective assessment on account of petitioner's uprightness, not towing the line of action with the Commanding Officer, the petitioner was given lukewarm ACR in revenge. It was contended that the Selection Board acted in violation of the well- settled law laid down by the Supreme Court that selection Boards will not take cognizance of any uncommunicated adverse remarks which disturbed the overall record of the service of the petitioner and the objective assessment for selection to the post of Lt. Colonel. Learned Single Judge dismissed the writ petition simply by observing that the statutory complaint was considered and rejected without adverting to the aforesaid argument of the petitioner. In the writ petition the petitioner prayed, inter alia, for the following writs:

(2.) Learned counsel for the appellant has also contended that recording of ACR giving lower grading than what the appellant was getting, would amount to adverse entry of which notice was a must. He also relied upon a letter/circular of the respondent dated 21st August, 1989 dealino with communication of adverse and advisery remarks in the confidential reports. The relevant paras are as under:

(3.) It is pertinent to highlight that the purpose of reflection and communication of adverse remarks is three fold viz. apprise the ratee that due cognizance of his weakness (s) has been taken, to bring his weakness to the notice of management and give him an opportunity to seek redress if he feels aggrieved due to adverse remarks. To this end and in the interest of credibility of the "Appraisal system".. It is imperative that the entire pen picture (less box grading) and details of "verbal and written guidance for improvement" are communicated to the ratee."