MOHAMED AFFAN FAROOQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) At first blush, particularly on the basis of the papers relied upon by the Assam Rifles, it would appear that the writ petitioner-appellant approached this Court with an utterly false case. Indeed, the present appeal was itself being dismissed, before it was pointed out on behalf of the appellant that the papers relied upon by Assam Rifles do not match up and it is apparent that such papers may have been doctored or presented to the prejudice of the appellant.

(2.) The appellant complains that a departmental promotion committee meeting held on October 14, 2019 unfairly found the appellant to be unfit to be promoted. The reason given by the DPC was that in one of the annual confidential reports relevant for consideration - that for the year 2015-16 - the appellant herein was rated as average. The DPC was of the opinion that in terms of the prevailing rules, when an officer had been graded average during any one of the relevant years for which the ACRs had to be considered, such officer would not be entitled to promotion.

(3.) The case that the appellant as the writ petitioner brought to this Court was that prior to January 13, 2020 he had no inkling of any adverse remark that had been attributed to him in any of his relevant ACRs. There is also an undisputed document revealing that by a written communication of November 29, 2019, the appellant was forwarded copies of several of his ACRs and that he received the same on January 13, 2020.