SATISH KUMAR KHURANA Vs. STATE

JUDGEMENT

(1.) IN this writ petition, the petitioner has sought to challenge the orders dated 8.9.1998 and 14.10.1998. He has also prayed for expunging the adverse remarks in the Annual Performance Appraisal Report, in short (APAR) of 1994 -1995 and that all consequential benefits be ordered to be given to him since then. Further it has been prayed by the petitioner that the Departmental Promotion Committee (hereinafter, referred to as 'The DPC) held on 23.11.1995, be reviewed and after ignoring the adverse remarks recorded in the APAR in the year 1994 -1995, he may be considered for promotion with all other consequential benefits w.e.f. 23.01.1996, the date from which the non -petitioners had been promoted.

(2.) ON having been selected and recommended by the Rajasthan Public Service Commission, the petitioner was appointed as a Member of Rajasthan Police Service, on 29.11.1982. In the order of appointment, the name of the petitioner appeared at S. No. 10 and that of non -petitioner No. 5, appeared at S. No. 11. In the consolidated seniority list of junior scale of Rajasthan Police Service as on 1.7.1987, issued on 30.06.1990, the name of the petitioner appeared S. No. 114 and the names of other junior persons appeared from S. No. 115 -128 (Annexure -1).

(3.) THE petitioner had fulfilled the requisite qualifications for promotion, on completion of five years service in the month of December, 1987 but his turn came up for consideration for promotion, against the vacancies for the year 1995 -1996. The DPC was to meet on 23.11.1995 for considering the promotion from the post of Deputy Superintendent of Police to that of Additional Superintendent of Police, in senior scale for the year 1995 -1996. Though, the petitioner was not communicated any adverse remarks in his APAR for the last five years, but he came to know from his own sources that the Superintendent of Police, Kola and Deputy Inspector General of -Police, Kota had entered some adverse remarks in his APAR for the year 1994 -1995.