TINLIANTHANG VAIPHEI
Dhiraj Kumar – Appellant
Versus
Union of India – Respondent
Tinlianthang Vaiphei, J.
1. In this writ petition, the petitioner is seeking directions from this Court for expunging the adverse remarks, namely, "Average" gradings in his ACRs for the period 1.4.2005 to 31.3.2006, from 1.4.2006 to 3.7.2006 and from 1.4.2008 to 31.3.2009, which were recorded without any performance enhancing counselling or communication, and for promoting him to the post of Executive Engineer with effect from 5.10.2011 when his juniors were promoted to that post. The material facts of the case may be briefly noticed at the outset. The petitioner was appointed on 27.10.2004 as Assistant Executive Engineer under the Border Roads Development Board under the Ministry of Road Transport and Highways and is presently working under the Commandant, 42, Border Road Task Force (BRTF). In compliance with the new Office Memorandum dated 6.10.2010, the petitioner was vide the letter dated 12.10.2010 communicated his ACRs for the said periods in question whereupon he for the first time came to learn those adverse entries against him. He had never been informed of such entries earlier nor was he given an opportunity to improve his ACRs by way of giving advice/instructions
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