GAJANAND VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks to set aside his adverse Annual Performance Appraisal Report (for short `apar') for the year 1997-98 and prays to issue direction to the respondents to consider his case for promotion to the post of Rajasthan Police Service (Super-time Scale) and to the cadre of Indian Police Service.

(2.) AS per the facts stated in the writ petition the petitioner joined Rajasthan Police Service (for short `rps') on the recommendation of Rajasthan Public Service Commission (for short `rpsc') on December 1, 1982. Thereafter the petitioner was promoted to the post of Additional Superintendent of Police in the year 1991 and selection scale was granted to him in the year 1996-97. When the petitioner was not considered for promotion to the cadre of Indian Police Service because of Adverse APAR of the year 1997-98. The petitioner made prayer by serving notice for demand of justice on the respondents for not considering the adverse APAR since the same were not communicated to the petitioner but the respondents did not consider the prayer. The petitioner therefore approached this court invoking powers under Article 226 of the Constitution.

(3.) IT further appears from the record that the APARs of the petitioner, except for the year 1997-98, have been "outstanding" or "very good" in the total career of 29 years (7 years in BSF as Assistant Commandant and 22 years in Rajasthan Police ). The petitioner received a number of commendations and appreciation certificates from the department.