P. N. TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the non-expunction of the adverse remarks in his Annual Performance Appraisal Report ("APAR") for the period between 1st April, 2015 and 31st March, 2016, the Petitioner who is an Assistant Commandant in the Central Reserve Police Force ("CRPF") has filed the present petition. He also challenges the rejection of his representations against the adverse remarks by the orders dated 1st March, 2017, 1st May, 2017 and 31st August, 2017.

(2.) The Petitioner joined the CRPF as Sub-Inspector on 21st October, 1993. He was promoted as Inspector on 17th January, 2003. The Petitioner states that his performance has consistently been assessed as "very good" by his superior officers. On 5th September, 2007 he was promoted as Assistant Commandant (AC) and thereafter, posted to the 13th Battalion in Jharkhand.

(3.) On 13th June, 2009 the Petitioner met with a car accident in which he and his family members sustained severe injuries. The Petitioner suffered multiple fractures in his right leg and both hands due to which he was bed ridden for over a year. He had to undergo five fracture surgeries during this period. As a result, the Petitioner was assigned in the "Shape-II permanent" medical category.