VIRENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Ashok Mehta, learned Senior Advocate assisted by Shri Rahul Agarwal, learned counsel for the petitioner and Shri Anil Kumar Pandey, learned counsel for the respondents.

(2.) It appears that the petitioner was initially appointed as Assistant Commandant (Directly Appointed Gazetted Officer, D. A. G. O. ) on 3.1.1998 in C. R. P. F. The present controversy relates to the adverse remarks and below benchmark grading recorded in the Annual Performance Assessment Report2 of the petitioner for the year 2013-14 and part 2014-15, which however were on representation expunged partially. As it has been averred that the petitioner having more than 18 years of unblemished career, with no adverse reports/complaints regarding his performance level, had worked to the utmost satisfaction of his superior officers.

(3.) On 25.8.2012, the petitioner was promoted as Second-in-Command and posted to 177Bn C. R. P. F. at Sopore, Baramulla (J and K). While being posted in the aforesaid Battalion under the command of the Commandant 177 Bn. C. R. P. F. namely Shri J. N. Meena, the petitioner was assessed for 7 months APAR w.e.f. 25.8.2012 to 31.3.2013 as "Very Good". Further the APAR for the period 01. 04. 2013 to 31. 03. 2014 was assessed as "Good", however with certain adverse entries and subsequently for the period w.e.f. 1.4.2014 to 6.11.2014, the APAR of the petitioner was assessed by the very same officer as "Below Good". Thereafter, he was transferred to C. R. P. F. Range Amethi and was accorded APAR w.e.f. 17.11.2014 to 31. 03. 2015 and his very next APAR was assessed as "Very Good".