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2015 Supreme(Tri) 728

S.TALAPATRA
Pramod Kumar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.K. Bhowmik, Sr. Advocate, Mr. R. Datta, Advocate
For the Respondents:Mr. A.Lodh, Advocate

JUDGMENT :

By means of this writ petition the petitioner has challenged the grading awarded to the petitioner for the year 2003-04 which was made known to the petitioner after about 8 years by the communication dated 09.07.2011. The grading which was awarded to the petitioner is ‘Good’ but such grading is below the bench mark for promotion to the next grade.

2. The petitioner was initially appointed as the Medical Officer in the Border Security Force, (in short ‘BSF’) on 09.05.1988. In the course of time, the petitioner was promoted to the post of Senior Medical Officer on 10.10.1992 in the rank of the Deputy Commandant in the BSF. Thereafter, he was again promoted to the post of the Chief Medical Officer with effect from 09.05.1999. The petitioner has asserted that both the Initiating Officer and the Reviewing Officer have awarded him 79 marks out of 100 for the said year. Accordingly, the petitioner was awarded “Very Good” in Part (VIII) in the Annual Confidential Reports. The following observation has been recorded by the Senior Technical Officer :

“He is a sincere, dedicated, hardworking CMO who possesses very good professional knowledge. He is having very good clinical judgment a































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