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2023 Supreme(Del) 3455

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Manudev Dahiya – Appellant
Versus
Union of India Through Dg Itbp – Respondent


Advocates appeared:
Mr. Ankur Chhibber, Mr. H.S. Tiwari, Mr. Anshuman Mehrotra, Mr. Nikunj Arora, Mr. Arjun Panwar & Ms. Samridhi Bhatt, Advocates, for the Petitioner.
Mr. Anil Soni, CGSC, for the UOI.

JUDGMENT

Neena Bansal Krishna, J. The petitioner has filed the present petition under Article 226 of the Constitution of India seeking to issue a writ of certiorari for quashing the Annual Performance Assessment Report (hereinafter referred to as "APAR") for the period between 19.06.2014 to 08.11.2014 and also to quash the Orders dated 08.08.2015 and 10.12.2015 and conduct a review DPC for promotion of the petitioner to the rank of Dy. Commandant with all consequential benefits.

2. The petitioner was appointed as an Assistant Commandant/GD on 16.04.2009 with the Indo-Tibetan Border Police (hereinafter referred to as "ITBP"). He was posted with 35th Battalion of the ITBP at Almora from where he was transferred and posted with 39th Battalion ITBP at Greater Noida, in the month of June, 2014. During the period of posting with 39th Battalion ITBP, the petitioner diligently participated in all the activities with keenness, rendered outstanding performance and successfully performed the duties of Adjutant, Company Commander and Assistant Commandant (Intelligence/Ops) which is a Unit responsible for security of the Rashtrapati Bhavan.

3. In November, 2014, after considering the course pr



















































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