PAWAN KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. I. Choudhury and Mr. P.N. Choudhury, learned counsel for the respondents.

(2.) In this petition prayer has been made for issuance of writ of certiorari to set aside the impugned adverse remarks/entries made against the petitioner in his annual confidential report for the period from 4.9.99 to 31.3.2000 and to quash the communication dated 9.8.2000 (Annexure B to the writ petition) as well as order dated 26.5.2001 (Annexure-E to the writ petition).

(3.) It appears that the petitioner was serving as the Deputy Commandant in 61 Bn. CRPF at Kashmir was informed by Signal No. T.IX-12/99-Pers.I dated 26.7.99 transferring him to AWS-IIT, Guwahati, and before even completing one year in the said unit, the petitioner was again informed on 11.8.99 that he has been posted at 35 Bn., CRPF on promotional transfer instead of AWS. III, Guwahati. Feeling aggrieved, the petitioner submitted a representation dated 13.8.99 before the Competent authority stating that he had not completed his tenure of three years and therefore, he could be retained in the 61 Bn. CRPF, when no heed was taken, the petitioner was compelled to join the post of Deputy Commandant, 35 Bn. CRPF where he served w.e.f. 4.9.99 to 21.12.99, and thereafter, working as Deputy Commandant, AWS-III, Group Centre, Guwahati till date. According to the petitioner to his utter shock and surprise, the DIGP, North Eastern Sector, Shillong vide communication under memo No. R-III-1/2000/P.A. (Admn.) dated 9.8.2000 informed him the adverse remarks being recorded in his Annual Confidential Report (in short called ACR) which read as follows :