L.S. Singh v. Union Of India And Others

H.S Thangkhiew, J.:— In the instant case the grievance of the petitioner as projected is that the petitioner was due for promotion to the rank of Subedar and the DPC to consider the same was held in the month of July, 2018. However, the respondent No. 6 who was junior to the petitioner was granted promotion superseding the petitioner.

2. The case of the petitioner is that the petitioner was denied promotion without being afforded any opportunity of hearing or without being communicated the weak points in the ACR and that the respondents has relied upon the weak points in the ACR to deprive the petitioner of promotion. Being aggrieved thereby he is before this Court by means of this instant writ petition.

3. This case on examination is squarely covered by the judgment rendered today itself in WP(C) No. 323 of 2017 which is based on a similar set of circumstances. As such, in view of this position the writ petition is disposed of with the following directions.

i) The respondent authorities are directed to communicate the entries made in the ACR to the petitioner to enable him make a representation, if he so, chooses within a period of 1(one) month. The representation so presented will be decided within a period of 1(one) month thereafter in accordance with law. Further, it is directed that if the entry is upgraded in consideration of the representation, the respondent authorities thereafter shall consider the case of the petitioner for promotion retrospectively by holding a DPC. The entire exercise shall be within a period of 6(six) months from the date of receipt of the certified copy of this order.

4. Accordingly, the writ petition is allowed to the extent as indicated above and disposed of.