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2007 Supreme(Pat) 1214

AJAY KUMAR TRIPATHI
Binod Kumar Singh – Appellant
Versus
Union Of India – Respondent


Judgment

1. Heard counsel for the petitioner and learned counsel for the Union of India.

2. By way of this writ application petitioner is seeking direction to the respondents to grant him promotion from 1.9.2002 to the post of Subedar with all consequential benefits which is the date juniors to the petitioner have been granted promotion to the post in question.

3. Petitioner in the writ application has questioned the wisdom of the authorities concerned while assessing his over all performance for the concerned year. His annual report for one particular year has cost him his promotion. Admitted position is that at the time when the matter for promotion was taken up petitioner had outstanding and very good record for the year 2000 to 2001. However, for the year 2002 even though the initiating officer had graded him 7 reviewing officer had downgraded him to 5 and the superior reviewing officer to 3. Petitioner required three outstanding/very good entries before he could be granted next higher post. Petitioner submits that the downgrading which has been done by the R.O. and thereafter S.R.O. amounts to adverse entry and the same ought to have been communicated to him but it was not done



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