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2015 Supreme(Pat) 1086

AJAY KUMAR TRIPATHI
Manish Priyadarshi – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Abhinav Srivastava
For the Respondents: Mr. Sanjay Kumar, ASG

JUDGMENT :

By virtue of the present writ application filed by the petitioner, he wants a mandamus upon the respondent Union of India to grant parity to him in matter of promotion on the post of Commandant and Sr. Commandant under the Central Industrial Security Force (CISF).

2. Shorn of all other unnecessary details, submission of the counsel for the petitioner is that the petitioner was on deputation under Intelligence Bureau beginning 10.10.2005 and he continues to be under deputation under IB. Certain adverse entries, which was not actually adverse but treated to be such, was made in his ACR. The entry in the ACR for the year 2005, 2006, 2007 and 2008 was recorded as Good, which is considered below par in official parlance. When the turn for promotion on the post of Commandant of the petitioner came, petitioner’s claim was overlooked in view of ACR entries. When petitioner came to know as to the reason, he moved the respondent authorities that the sub-par entries were never communicated to him. This denied him opportunity to make a representation for reconsideration of such entry which for all practical purposes are adverse entries, as it formed the basis for non-grant of promotio









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