SUNIL KUMAR, COMMANDANT-87 Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to set aside the impugned rejection order dated 6.7.2018 passed by the second respondent, whereby downgrading APAR for the period 23.6.2016 to 31.03.2017 and to direct the respondents to consider the petitioner to his next promotion i.e., Commandant to DIG without taking the APAR for the period from 23.6.2016 to 31 3.2017.

(2.) The case of the petitioner is that he joined CRPF on 1.12.1994 as an Assistant Commandant and got all promotion on time. He was promoted to the rank of Commandant on 5.10.2009 and took the rank of Commandant on 3.11.2009 and posted to 195 Bn. The petitioner remained posted in 195 Bn. Dantewada Chattisgarh, 6th Bn. Katra J&K and 87 Bn. Jiribam Manipur during last three postings as Commandant. The further case of the petitioner is that as Commandant, his grading in APAR remained either "very good" or "outstanding" for last 9 years as under:

(3.) According to the petitioner, the office has recorded his performance as 'Good' even when no communication/advisory/warning was issued to him by the reporting, reviewing/accepting authorities for the APAR period 2016-2017. Hence, the remarks recorded are not justified and commensurate with the performance.