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2021 Supreme(J&K) 113

SANJEEV KUMAR
Manzoor Ahmad Rather – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sidhant Gupta.
For the Respondent: Mr. Vishal Sharma.

JUDGMENT :

SANJEEV KUMAR, J.

1. The petitioner, in this petition, is essentially aggrieved by the adverse remarks recorded by the Initiating Officer in his Annual Performance Assessment Report (APAR) from 16.05.2016 to 31.03.2017 (the relevant period). The petitioner is also aggrieved and has challenged orders dated 18.05.2019, 02.11.2018 and 25.01.2019, whereby representations filed by the petitioner on 30th of August, 2017, 19th of July, 2018 and 14th of November, 2018, to upgrade the grading and to expunge the remarks, have been rejected by the competent authority. The petitioner also seeks a command to the respondents to upgrade his APARS and to expunge the adverse remarks recorded by the Initiating Officer for the relevant period.

2. Briefly put, the facts narrated by the petitioner, as a precursor to the challenge to the impugned orders, are that the petitioner was appointed as Assistant Commandant (direct) on 11th of December, 2012 and was made to undergo Basic Officers Training at BSF Academy, Takenpur. Upon successful completion of the training, he was given the first posting in 5th Bn. Dantewada, Gujarat. As a Company Commander, the petitioner came to be deployed at differen

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