The downgrading of annual confidential reports constitutes adverse remarks requiring communication to the concerned officer, failing which rights to challenge and seek promotion are violated.

JUDGMENT

1. The petitioner through the medium of the instant petition seeks quashment of order dated 08.4.2002 and 21.04.2003, whereby respondents 4 to 15 have been promoted to the post of Additional DIG with reference to the DPC held on 10.01.2002 and 27.03.2003, respectively with a further direction seeking writ of mandamus to promote the petitioner to the post of Additional DIG w.e.f. 08.04.2022 from the date his juniors have been promoted with further direction of seniority and consequential benefits besides seeking quashment of adverse entry of the year 1998- 1999.

FACTS:-

2. The petitioner after undergoing the selection process and on the basis of his merit in the selection process was appointed as Assistant Commandant on 01.09.1973. The respondents on the basis of his seniority and eligibility promoted the petitioner to the post of Deputy Commandant and 2nd in Command in 1991 and 1990 respectively. Pursuant thereto, the petitioner came to be promoted as Commandant on 19.12.1994. The petitioner had an excellent and unblemished record and, accordingly, was selected and deputed in SPG (Special Protection Group) for Prime Minister‟s Security in the year 1991 and joined the same in February, 1992. As per the stand of the petitioner he was posted in the Security of Late Sh. P. V. Narsinha Rao, the then Prime Minister and latter with Smt. Sonia Gandhi. The petitioner has earned 04 DG BSF Commendation in addition to number of IG's Commendation Certificates and resultantly the petitioner has got DG's Commendation Certificate in the year 2006 , which was given to the petitioner for his ''unblemished meritorious service", which is based on the past performance of many years. Further, the petitioner was awarded with Police Medal for meritorious service in the year 2008, which was granted after consistent, outstanding / very good record work shown by him during the past ten years. It is worthwhile to mention that while serving in SPG (Prime Minister Security) from the year 1992-1998, the petitioner earned 14 Commendation Certificates- Commendation Rolls, of which 10 Commendation Certificates were given by Director SPG and 04 by Secretary Security. The last Commendation Role was given to the petitioner by Secretary Security in the year 1998 for ''outstanding operational work for providing security to Prime Minister, Ex-Prime Ministers during general elections" in February 1998. The details thereof are as under:-

BSF :-

Inspector General's CC - 1981, 2001 and 2003

DG's CR - 1985, 2004, 2005 & 2006

Police Medal for Meritorious Service - 2008

SPG Secretary Security's CR – 1993, 1994, 1995 & 1998

Director SPG's CC 1993 - 04 Nos.

1994 - 03 Nos.

1995 - 01 Nos.

1996 - 02 Nos.

3. In June 1998, the petitioner was repatriated from the SPG to BSF and was posted to 95 Battalion BSF in Baramulla, Kashmir Valley in counter insurgency role, where the petitioner again had a tough assignment, wherein the petitioner exhibited excellent track record. Keeping in view the excellent merit and performance, the petitioner came to be promoted as Additional DIG w.e.f. 29.06.2004, vide order dated 05.07.2004 passed by respondent No. 3. The petitioner further earned next promotion to the post of Deputy Inspector General in BSF vide order dated 29.09.2008 passed by respondent No.3.

4. The petitioner‟s case was that the post of Additional DlG was upgraded to the post of DIG by the respondents w.e.f. 01.01.2006 in conformity to the Government of India, Ministry of Home Affairs Memorandum