COMMANDANT V S SHEKHAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has approached this Court with this writ petition challenging an Office Memorandum (OM) dated 28th March, 2006 issued by the Department of Personnel & Training (DoPT), Ministry of Personnel, PG & Pensions, Government of India on the subject of "communication of adverse entries/remarks recorded in the Annual Confidential Report (ACR)?.

(2.) The petition also challenges the orders passed on 17th April, 2014 by the Deputy Inspector General (Confd.) (DIG) of the Border Security Force (BSF) and 4th December, 2014 passed by the DIG rejecting the Petitioner's representations dated 26th December, 2013 and 2nd July, 2014 seeking upgradation in the ACR for the period 2002-03. The third prayer is for a mandamus to the Respondent to hold a review Department Promotion Committee (DPC) meeting and grant the consequential promotions to the Petitioner with enhanced notional seniority in the rank of Second-inCommand (2IC) and Commandant.

(3.) The facts in brief are that the Petitioner joined the BSF in the rank of Assistant Commandant (AC) on 5th October, 1987 and was subsequently promoted as Deputy Commandant (DC) in July, 1998. The Petitioner was promoted to 2IC on 21st May, 2007 and in 2011, he was promoted as Commandant. At the time of filing the writ petition, he was posted at Frontier HQ, Gandhinagar, Gujarat.