JUDGMENT

Gita Mittal, J (Oral)

1. By this writ petition, the petitioner assails an order dated 9th November, 2009 passed by the respondents rejecting the petitioner's representation dated 13th May, 2009 against the adverse entries in his ACR for the period 1993-94 as well as the communication dated 7th December, 2009 whereby the respondents communicated the reasons on which the previous rejection was based.

2. The facts giving rise to the instant petition are within the narrow compass and to the extent necessary, are briefly noted hereafter.

3. The petitioner was in the service of the Border Roads Engineering Service which was governed by the Border Roads Engineering Service Group `A' Rules as amended. The admitted position is that on 22nd February, 1988, the appellant was promoted as an Executive Engineer and became eligible for consideration for promotion to the post of Superintending Engineer on 21st February, 1993 on completion of five years in the grade of Executive Engineer. The name of the petitioner was included in the list of candidates who were considered eligible for promotion.

4. Unfortunately, in the Departmental Promotion Committee meeting held on 16th Decembe