B.N.SANAWAN Vs. UOI

JUDGEMENT

(1.) The petitioner in the instant case prays for issuance of a writ of Certiorari quashing the orders dated 10th February, 2012, 20th December, 2011 and the order dated 22 nd January, 2008 passed by the respondent No. 2 rejecting the petitioner's representation in respect of certain adverse remarks which had been recorded in his Annual Confidential Report for the period w.e.f. 4th June, 2005 to 31st March, 2006. The petitioner has also prayed for issuance of writ of Mandamus seeking a direction to the respondents to hold a Review DPC for considering the case of the petitioner for promotion to the rank of Second-in-Command w.e.f. 12th May, 2011 along with all the consequential benefits.

(2.) The facts giving rise to the petition are within a narrow compass and are mainly undisputed. To the extent necessary the same are briefly noted hereinafter.

(3.) The petitioner joined the Indo Tibetian Border Police (ITBP) in the year 1995 as an Assistant Commandant and thereafter, on 1st July, 2004 was promoted as Deputy Commandant. On 23rd July, 2007, the following Memorandum communicating the three adverse remarks given to him in his Annual Confidential Report for the period w.e.f. 4th June, 2005 to 31st March, 2006 was sent to the petitioner :- <FRM>JUDGEMENT_1657_ILRDLH23_2013_1.html</FRM>