SURINDER KUMAR MAHAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant writ petition preferred under Article 226/227 of the Constitution of India, petitioner has sought for issuance of a writ in the nature of mandamus, directing the respondents to upgrade his ACR for the period 1994-95 wherein adverse remarks recorded stands expunged by the Government vide letter dated September 16, 2009 conveyed on September 23, 2009 (Annexure P-1) and for declaration that non-communication of average reports is arbitrary and violative of Article 14 of the Constitution, as well as for release of ACP from the due date i.e. January 01, 1996.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The only question which requires determination in this case is whether the ACRs pertaining to the years 1993-94, 1994-95 and 1995-96 which have been adjudged as Average" and have not been conveyed to the petitioner, can be taken into consideration while assessing the benchmark for the purposes of Promotion or Grant of ACPs.