(1.) PETITIONER , an Army officer, prays for setting aside the entire ACR for the year 1975 -76. It is also prayed that the said ACRs be taken out from the dossier of the petitioner and it be declared to be non -est, not to effect the petitioner. A further prayer for retrospective promotion of the petitioner is also made.
(2.) A resume of the facts is necessary for the disposal of the writ petition. Petitioner is said to have joined Indian Army on 27 -9 -1963. At the time of filing of the writ petition he was holding the post of Major in the Army substantively with effect from 1977. On 8 -11 -1980, he is said to have been sent the remarks of Reviewing authority and senior Reviewing authority for the year 1975 -76 petitioner has received the same on 17th November, 1980. They reads as under:
(3.) AFTER amendment of the ACRs and after removal of the adverse remarks from the ACRs, it is contended that no charge was affected in the Box -grading and rating in para 13 (f). petitioner, thereafter is said to have made another representation in December, 1982 which was also recommended and to which he received the reply that no fresh facts were mentioned which would necessitate reconsideration of his case. He is again said to have requested through a written letter for effecting change in the rating, but this letter was treated to be a letter seeking interview. Petitioner again entered into correspondance with the authorities for redressal of his grievances, but his request was turned down. Thereafter, the petitioner is said to have sent a notice on 16th August, 1983 to respondent No. 1 petitioner seeks the quashment and setting aside of the entire ACRs for the year 1975 -76 on a number of grounds.