AMIT NEHRA Vs. UNION OF INDIA ARD ORS

JUDGEMENT

(1.) The Petitioner who joined the Border Security Force (BSF) as Assistant Commandant (AC) in October, 2011 has filed this petition for quashing his Annual Performance Appraisal Report (APAR) for the year 2015-16 as being malafide and contrary to the applicable rules. He seeks a direction to the Respondents i.e. the Director General of Police (DGP), BSF (Respondent No.2) to read the adverse remark "good" as "very good" in the said APAR.

(2.) The background facts are that after the Petitioner joined the BSF as AC, he was posted to 142nd Battalion in the M & C Frontier in November, 2012. In September, 2014 he was transferred to the 144th Battalion Kalyani, South Bengal Frontier, BSF where he remained till 17th June, 2016. Thereafter he was transferred to the 93rd Battalion in Nagaland. Between 4th February, 2017 and 3rd August, 2017 he was on Army attachment with 42, Rashtriya Rifles at Phulwama in Kashmir in Counter Insurgency Operations.

(3.) While the Petitioner was posted at the 144th Battalion, Kalyani, South Bengal Frontier, Respondent No.3 was his Commanding Officer. While he was posted there in October/November 2015 the Petitioner noticed illegal smuggling activities taking place in the Indo Bangladesh Border. According to the Petitioner despite bringing this to the knowledge of Respondent No.3, the latter did not take interest in curbing the smuggling activity and instead removed the Petitioner from the Border posting. According to the Petitioner, he was virtually sitting in the Battalion Headquarters without any charge and his company was being led by an officer of Inspector and Sub-Inspector rank.