JG-840373 EX-NB SUBEDAR SAMSUDDIN Vs. DEPUTY DIRECTOR GENERAL DEFENCE SECURITY CORPS GENERAL STAFF BRANCH ARMY HEAD QUARTERS NEW DELHI

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Sri Chandrajeet Yadav Counsel for petitioner and Sri Narendra Kumar Chatterjee, Additional Standing Counsel appearing for respondents.

(2.) BRIEF fact giving rise to this writ petition are that petitioner was enrolled in Defence Security Corps on 21st March, 1986. He was last posted at 103 D. S. C. Platoon, Company Defence Security Corps, Rifle Factory, Ishapore, 24 Parganas (North), West Bengal which comes under Defence Security Corps, Eastern Command, Fort William, Kolkata. Petitioner was promoted to the rank of Naib Subedar with effect from 9th March, 1998. On promotion to the rank of Naib Subedar for the year 1998-99 he was graded in Annual Confidential Report as 'high Average'. As per D. S. C. , R. O. I. (Record Office Instruction) 1/94, which amended in para 5 (c) of R. O. I. 14/92 a Naib Subedar is entitled to promotion as Subedar and thus extension in service, if he has atleast one 'above Average' and one 'high Average' report, and does not have any 'below Average' report. If he has earned only two reports, one should be Above Average, and one High Average. If he has earned only one report it should be Above Average. If no report has been earned in the rank, A. C. R. criteria is not to be applied. The note appended to the amended para 5 (c) (iv) provides that no cognizance of the report initiated after initiation of recommendation, will be taken into consideration, for the purpose of regulating extension of service.

(3.) PETITIONER made representation dated 3-6-2000, 22-11-2000 and 29-12-2000 to next higher authority through proper channel but no response was received. By this writ petition he has prayed for quashing the order of his discharge dated 4th May, 2000 and for a writ of mandamus directing respondents to grant extension of service with all consequential benefits. During the pendency of Writ Petition, Statutory complaint dated 22nd November, 2002 submitted by petitioner was rejected by COA's on 19th June 2001, and an order was communicated to petitioner vide letter dated 28th June, 2001, by Service Records Officer, for OIC Records.