TARKESHWAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, who joined the Border Security Force (?BSF?) as Medical Officer on 19th March 1987, has filed the present petition seeking the quashing of adverse remarks in his Annual Confidential Report (?ACR?) for the period 1st April 1998 to 31st March 1999, the letter dated 9th November 1999 communicating the adverse remarks and the order dated 28th August 2000 passed by the Additional Director General (Medical) - Respondent No.3 rejecting his representation dated 18th January 2000 against such adverse remarks.

(2.) The Petitioner has also sought the quashing of an order dated 1st September 2015 issued by the Commandant (Medical) stating that the Petitioner was assessed as ?unfit? in the Review DSC dated 4th June 2015 for promotion from Chief Medical Officer (Ordinary Grade) [?CMO (OG)?] to CMO (Special Grade) [?CMO (SG)?] with effect from 5th April 2002. The third relief is for a direction to the Respondents to consider the Petitioner afresh for promotion to CMO (OG) to CMO (SG) after expunging of the adverse remarks in his ACR for the period 1st April 1998 to and 31st March 1999 and to correctly fix his seniority in the post of CMO (SG) with effect from 5th April 2002 instead of 19th March 2003 with full consequential benefits for his next higher promotion.

(3.) The background facts are that the Petitioner was initially promoted to the post of Senior Medical Officer (?SMO?) on 1st October 1991. On 25th June 1998 an order was issued for promotions from SMO to CMO (OG) but the Petitioner was not included in the said promotion order.