SURINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India, has been filed by the petitioner seeking a writ in the nature of certiorari for quashing the impugned downgrading of Annual Confidential Report (for short the 'ACR') for the year 2002 -03 from "very good" to "average" being illegal, without recording any reason/justification by the Reviewing Officer and also in the nature of mandamus directing the respondents to re -consider the case of the petitioner for promotion to the post of Deputy Director/ General Manager (Group A) according to the Rules.

(2.) THE petitioner is working in the office of Industries and Commerce, Punjab and is governed by Punjab Industries Non -Technical (Group -A) Service Rules, 2005. On 6.9.2001, Department of Personnel, Government of Punjab, issued circular letter vide which it was provided that ACRs for the last 5 years were taken into consideration for promotion and criteria for promotion was laid down as under:

(3.) ON 13.9.2006, the DPC was fixed for the third time for promotion to Group A posts and cases of eligible Functional Managers/Project Managers, including that of the petitioner, were recommended to the DPC. This time the ACRs for the years 2001 -02, 200203, 2003 -04, 2004 -05 and 2005 -06 were taken into account and the bench mark was 12 marks of the last five years' ACRs.