LAWS(GAU)-2011-3-16

UMESH BARMAN Vs. STATE OF ASSAM

Decided On March 29, 2011
UMESH BARMAN Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. P. Pathak, learned senior counsel assisted by Ms. P. Barman and Ms. S. Changkakati, learned counsel for the petitioner as well as Ms. R. Chakraborty, learned Addl. Sr. Govt. Advocate.

(2.) THE petitioner, who is presently working as Superintendent of Police (Communication) in the Assam Police Radio Organisation (APRO), Govt. of Assam, is aggrieved by the adverse remark recorded in his ACRs for the period from 2002 to 2008. According to the petitioner, recording of adverse remarks in the ACRs pertaining to the said period in one go, is absolutely illegal and depicts total non- application of mind on the part of the authorities.

(3.) IT will be pertinent to mention here that in the affidavit-in-opposition, the respondents have stated that the petitioner's case is being duly considered for promotion to the next higher post. IT has also been stated that the minor adverse entries against the petitioner are not held against him for promotion to the Super Time Scale of senior grade. In paragraph 9 of the affidavit, it has also been stated that there has been no exercise to deny the petitioner any promotion due to him.