HOSHIAR SINGH Vs. UOI

JUDGEMENT

(1.) The petitioner is working as a Chief Petty Officer in the Indian Navy. He was considered for promotion to the next higher rank of Master Chief Petty Officer by a Selection Board that met in the year 2000-2001. The Board did not, however, recommend the petitioner for promotion, aggrieved whereof the petitioner filed Writ Petition No. 250/2004 in the High Court of Judicature at Bombay. A division bench of the said court by an order dated 21.03.2006 allowed the said petition holding that the Selection Board had, while considering the case of the petitioner, ignored the fact that the adverse remark recorded against the petitioner for the year April, 1998 to April, 1999 had been expunged. The court accordingly directed the constitution of a Review Selection Board to consider the case of the petitioner for the year 2000-2001 on the basis of an independent assessment of the petitioner's merit bearing in mind letter dated 11th September, 2001 issued by the competent authority expunging the adverse remarks.

(2.) A review Selection Board was accordingly convened to consider the case of the petitioner by reference to the years 2000 and 2001. Upon consideration, the Board was of the view that the petitioner could not be recommended for promotion to the next higher rank on account of his relative low position in the over all merit list for the said two years. A communication dated 14th September, 2006 to that effect was issued to the petitioner, aggrieved whereof the petitioner has filed the present writ petition for a writ of certiorari quashing the said communication. He has also challenged the validity of his performance assessment for the years 1995-1997 and prayed for a mandamus directing the respondents to upgrade his ACRs so as to make the same commensurate with outstanding/excellent performance for the year 1998-99.

(3.) We have heard the learned counsel for the petitioner at some length and perused the record.