LAWS(J&K)-2021-6-13

MANZOOR AHMAD RATHER Vs. UNION OF INDIA

Decided On June 16, 2021
MANZOOR AHMAD RATHER Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, in this petition, is essentially aggrieved by the adverse remarks recorded by the Initiating Officer in his Annual Performance Assessment Report (APAR) from 16.05.2016 to 31st of March, 2017 (the relevant period). The petitioner is also aggrieved and has challenged orders dated 18.05.2019, 02.11.2018 and 25.01.2019, whereby representations filed by the petitioner on 30th of August, 2017, 19th of July, 2018 and 14th of November, 2018, to upgrade the grading and to expunge the remarks, have been rejected by the competent authority. The petitioner also seeks a command to the respondents to upgrade his APARS and to expunge the adverse remarks recorded by the Initiating Officer for the relevant period.

(2.) Briefly put, the facts narrated by the petitioner, as a precursor to the challenge to the impugned orders, are that the petitioner was appointed as Assistant Commandant (direct) on 11th of December, 2012 and was made to undergo Basic Officer's Training at BSF Academy, Takenpur. Upon successful completion of the training, he was given the first posting in 5th Bn. Dantewada, Gujarat. As a Company Commander, the petitioner came to be deployed at different places including Border Outpost in vulnerable areas of Rann of Kutch. He also came to be posted in the Union Territory of Jammu and Kashmir for a brief period where he led his company during Assembly Elections in the year 2014.

(3.) In the year 2015, to be precise, in the month of May, 2015, the petitioner availed 13 days earned leave to proceed to his home town. The petitioner developed symptoms relating to anxiety depression, as a result, his medical condition deteriorated. He was given treatment in SKIMS, Srinagar, as well as Composite Hospital, Srinagar. Because of his ailment, the petitioner was forced to overstay his earned leave. Accordingly, a request was made to the Company Commandant at Dantewada, Gujarat, for extension of his leave.