JAUHARI LAL Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) HEARD Mr. M.C. Pant, Advocate for the Petitioner, Mr. B.D. Pande, Advocate for Public Service Commission, Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand and Mr. Manoj Tiwari, Senior Advocate, assisted by Mr. Alok Mehra, Advocate for the interveners.

(2.) THE Petitioner is a member of Uttarakhand Police Force and has presently challenged the DPC held for considering promotions from the post of Inspector to that of Deputy Superintendent of Police, for the year 2008 -09, under the S.C. quota. The case of the Petitioner is that he has been awarded entries in different years as follows:

(3.) THE principal ground of challenge of the Petitioner is that for the years 2001, 2002, 2003, 2004 and 2005, he has been awarded "Good" entries and had he been awarded better entries of "Very -good" or even "Excellent" in that case, he could have been promoted earlier as well. He has primarily relied upon the decision of the Hon'ble Apex Court in Dev Dutt v. Union of India and Ors. : JT 2008 (7) SC 463, where the Hon'ble Supreme Court has held that it is not only the adverse entries which have to be communicated, but even the "Good" entries are liable to be communicated to a government servant for the reasons that the entry may be "Good", yet it may have an adverse effect on chances of his promotion and therefore communication of such entry is necessary because it would enable him to file a representation before the concerned authority stating that such entries were not liable to be given to him and in fact he was liable to be given better entries.