ROSHAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India, INTER ALIA, for issuing a writ of mandamus directing the respondents to expunge the adverse remarks and grading given to the petitioner in the Annual Performance Assessment Report (APAR) for the tenure 1/4/2022 to 31/3/2023 (Annexure P11) and for quashing the order dtd. 29/2/2024 (Annexure P19) passed by the respondents rejecting the petitioner's representation. The petitioner has further prayed for a direction to convene a review DPC for the purpose of re-considering the petitioner's case for promotion to the post of Commandant from the date his immediate juniors were promoted along with consequential benefits.

(2.) Learned counsel for the petitioner submits that the petitioner, who is presently working as Second-in-Commandant (2IC) with the ITBP, Panchkula, has been denied promotion as Second-in-Command Officer to Commandant in ITBP Police Force, solely on the basis of the APAR for 2022-23 wherein he has been graded 3.5 ("Average"), which is contrary to his otherwise consistent "Excellent/Outstanding/Very Good" record from 2019-20 to 2024-25 and his 37 years of unblemished service with medals, commendations and UN Mission tenure, thereby rendering this solitary aberrant entry ex facie arbitrary.

(3.) It is asserted that the representation of the petitioner has been dismissed without assigning any reason that because of repeated complaints sent by the petitioner against his seniors (Annexures P7, P8 and P8A) to the DG regarding constant threat of adverse APAR for spoiling his career, the adverse report has been used as a weapon to ruin his career where IG Ishwar Singh Duhan took out his irritation by recording adverse APAR against the petitioner for the period 2022-23 only on the ground that the petitioner availed six months' leave which is wrong and against the record.