1. Petitioner came to be appointed as a Constable in the year 1978 and was promoted as Special Grade Constable. He has successfully undergone the training course at Police Training College, Udhampur. He was awarded Commendation Certificate Class III along with cash reward vide Order No.971 of 1993 dated 19.11.1993 (annexure `B). He was also awarded cash reward vide Order No.6 of 1994 dated 15.2.1994 by the Superintendent of Police, Special Branch, Kashmir (annexure `C). It is contended that surprisingly and unfortunately the then S.S.P. (CID) recorded the following adverse remarks against the petitioner in his Service Book on 31.1.1996.

"His long tenure in S.B. Budgam has been uneventful. All efforts to utilize him properly during the last 6 years did not bear fruit, being recommended for transfer out of CID."

2. The said remarks were not communicated to the petitioner. He has questioned the same and has prayed that the same be quashed and he be given all the service benefits to which he is entitled to, on the grounds taken in the writ petition.

3. It is contended that the then S.S.P. (CID), Special Branch, Srinagar was not posted as such from 1992 to 1995, during which period the said remarks were recorded against the petitioner and, therefore, he was not competent to record same for the said period. Further it is contended that the petitioner has earned cash rewards, commendation certificates in the year 1993, 1994, 1996 and 1997. Dy.S.P. (CID), Special Branch, Srinagar on 10.11.1997 has recorded excellent remarks in favour of petitioner in his Service Book containing annexure `D, which reads as:

"SGCt Gh.Nabi No.686/CID during his posting in Budgam Section ofCID has been instrumental in gathering valuable information as far as SB job is concerned. He would, on occasions, put his life in great risk, but would not come empty handed. His performance during the period June 97 to Nov. 97 remained excellent."

4. The then S.S.P. (CID), Special Branch, Kashmir, who was manning the post in the year 1996, vide Order No.167 of 1996 dated 4.10.1996 also awarded Commendation Certificate Class III with cash reward in favour of petitioner for the services which he has rendered during Assembly Elections (annexure `E).

5. When respondents vide Order No.624 of 1997 dated 16.12.1997 made promotions and petitioner was not figuring in the said list, he came to know about the said impugned remarks.

6. The petitioner has questioned the adverse remarks and non-inclusion of his name in the promotion list on the ground that the then S.S.P. (CID), Special Branch, Kashmir was not competent to record the adverse remarks because he was not posted as such during the years 1992 to 1995. The said remarks were not conveyed to the petitioner and he came to know when promotion orders came to be issued on 16.12.1997. The petitioner made representations (annexure `G, `H & `K) for redressal of his grievances, but the respondents have not decided the same, constrained him to invoke the jurisdiction of this Court for quashing the said adverse remarks and commanding upon the respondents to give him the effect of promotion as Head Constable right from 16.12.1997 and accordingly fix his seniority.

7. Respondents have filed the objections. They have not denied the fact that the then S.S.P. (CID), Special Branch, Kashmir, who had recorded remarks against the petitioner, was not posted as such during 1992 to 1995. It is apt to reproduce para 7(a) of the writ petition herein:

"That the impugned remarks dt. 31.1.1996 are bad in the eye of law, because the same had been passed by the said Police Officer out of his personal grudge baseless as already said. The said S.S.P. Mr. Farooq Ahmad was not S.P. Special Branch Kashmir Srinagar from 1992 to 1995, how can he pass remarks against the petitioner saying that "all efforts to utilize him properly during the last 6 yrs did not bear fruit." This clearly shows that the said remarks have been passed without application of mind for extran

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