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2019 Supreme(Gau) 710

KALYAN RAI SURANA
Janglun Singson – Appellant
Versus
Union Of India And Ors, Rep By Secy, Govt Of India, Ministry Of Home Affairs, New Delhi – Respondent


Advocates Appeared:
T. Kalita, Adv.

JUDGMENT :

Kalyan Rai Surana, J.

Heard Mr. G. Goswami, learned counsel for the petitioner as well as Mr. K.K. Parashar, learned CGC for the respondent.

2. By this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the adverse entry in the Annual Performance Assessment Report (APAR) of the petitioner for the period from 01.04.2013 to 31.03.2014 which had the effect of downgrading his APAR from "outstanding" to "very good".

3. In the writ petition it is projected that the petitioner is a direct recruit BSF officer of the year 1995 batch. After successful completion of his training he was posted as Assistant Commandant, BSF. At the relevant point of time, after getting promotion, he was holding the post of Second-in-Command (2IC for short) of 61 Bn BSF, the post he was holding as on the date of filing of the writ petition. In the writ petition it is projected that two incidents had taken place near the area of operation of the 61 Battalion BSF in course of antinaxal operation in Odisha. The first incident occurred on 16.11.2013, when an information was received that an informal meeting of the naxals was convened with the civilians in village Ba

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