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2015 Supreme(Del) 1213

S.RAVINDRA BHAT, DEEPA SHARMA
Anil Kumar Akarnia – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Sh. Sreenivasa Rao. K, Advocate.
Sh. Abhay Prakash Sahay, CGSC.

Judgment

S. Ravindra Bhat, J.

1. The petitioner’s complaint is that his Annual Confidential Report (ACR) grading for the period 01.04.2005 to 24.10.2005 was wrongly recorded by the then Reporting Officer, i.e. the third respondent Sh. Ishwar Singh Duhan, who held the rank of Commandant, and that he was actuated by malice which vitiated the “below average” ACR grading, recorded and affirmed by the Reporting Officer and the Reviewing Officer. He seeks appropriate directions for the quashing of such ACR.

2. The petitioner was, at the relevant time, an Assistant Commandant. He had joined that post in the Indo-Tibetan Border Police (ITBP) on 25.10.1997. During the period 2004 onwards he was posted as an Assistant Commandant in the 18th Batallion of ITBP. The third respondent was his superior officer, i.e. the Comm. It is stated by the petitioner that on 31.10.2005, he wrote to the DIG, Sector Headquarters at Himachal Pradesh, bringing to light serious irregularities on account of practices of the third respondent. This apparently led to issuance of warning/advisory on 12.01.2006 when the ITBP found the complaint to be substantiated. A copy of the said letter – addressed to the third respon






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