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2024 Supreme(Gau) 972

SANJAY KUMAR MEDHI
Jeewan Chandra, S/o. Late Devi Dutta Joshi – Appellant
Versus
Union of India, Rep. by the Secretary the Government of India, Ministry of Home Affair – Respondent


Advocates Appeared:
For the Petitioner: Ms. S. Bora.
For the Respondents: Shri. A.K. Dutta, CGC.

JUDGMENT :

Sanjay Kumar Medhi, J.

The grievance raised in this petition filed under Article 226 of the Constitution of India is pertaining to denial of promotion and the MACP. The primary contention is that such denial is on the basis of certain gradings in the ACRs which according to the petitioner were not communicated.

2. I have heard Ms. S. Bora, learned counsel for the petitioner. I have also heard Shri A.K. Dutta, learned CGC, who has also filed affidavit-in-opposition on 22.03.2024.

3. Ms. Bora, the learned counsel has submitted that the petitioner was enrolled in the Assam Rifles on 02.11.1989 as a Rifleman General Duty (GD). He was promoted to the rank of Havildar (GD) on 01.06.2009. A promotional exercise was done which culminated in an order dated 31.03.2021 in which the name of the petitioner did not figure. It is the grievance of the petitioner that persons junior to him were given the benefit of promotions leaving out the petitioner.

4. The specific case of the petitioner, as contended by the learned counsel is that the promotions and the MACPs were based on the gradings of the ACRs and such gradings were not communicated. It is submitted that communication of the gradings

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