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2002 Supreme(Raj) 1163

N.N.MATHUR
GOPAL SINGH RATHORE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
J.P.JOSHI, S.K.Vyas

Judgment


N. N. MATHUR, J.

( 1 ) THE grievance voiced by the petitioner in the instant writ petition under Article 226 of the Constitution of India is that he has been wrongly deprived of promotion on the post of Deputy Commandant, while persons junior to him have been promoted vide order dated 13-2-1998. Initially, the petitioner approached to the Jammu and kashmir High Court by way of writ petition for redressal of the said grievance. The respondent bsf took the stand that the petitioner was not considered for promotion by the Departmental Promotion Committee because of adverse entry in the A. C. R. for the year 1989/90. However, it was admitted that the said adverse entry was not communicated to the petitioner. In view of this, the Jammu and kashmir High Court allowed the writ petition and directed the respondent to communicate the adverse entry to the petitioner. A liberty was also given to the petitioner to make a representation against the said adverse entry. It was observed that if the adverse entry continued against the petitioner, he would not be promoted but if the entries are obliterated, he will be entitled to promotion with retrospective effect. Accordingly, the adverse





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