RAKESH CHAUDHARY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Counsel for the petitioner has placed on record a copy of the letter dated 14.09.2000. The same is taken on record as 'Mark A'. By this writ petition, the petitioner has challenged the impugned order dated 21.03.2007 (Annexure P -2), whereby it has been held that he was erroneously promoted as Deputy Commandant and, therefore, he was reverted to the post of Assistant Commandant.

(2.) Brief facts are that the petitioner had jointed the ITBP in the year 1991 as Assistant Commandant after having been discharged from the Indian Army. He suffered injuries in the year 1997 on account of bursting of hand grenade which led to amputation of some fingers of his right hand but notwithstanding that he was promoted as Deputy Commandant on 17.4.2002 (w.e.f. 12.4.2002) by order, Annexure P -1. After five years, the impugned order (Annexure P -2) was passed holding that at the time of his promotion, he was wrongly classified in shape -2, whereas in fact he was in shape -3 and, therefore, was ineligible to be considered for promotion.

(3.) Counsel for the petitioner has argued that as per the ITBP Rules, when an Officer is to be considered for promotion by the Departmental Promotion Committee, ACRs for the last five years have to be placed before it. As per the Rules, annual medical category of every Officer has to be embedded in the ACR of that year and throughout those five years, the petitioner was reported to be in shape -2 category. As per him, there is no material placed on record by the respondents to corroborate the assertion that the petitioner's category was wrongly reported or that he was infact in shape 3 category. Neither any medical board was convened nor any specialized doctor had equivocally opined that the petitioner was not in shape -2 category.