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IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on : 09.07.2015

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W.P.(C) 2825/2012, C.M. NO.11/2013

ANIL KUMAR AKARNIA

..... Petitioner

Through : Sh. Sreenivasa Rao. K, Advocate.

versus

UNION OF INDIA AND ORS.

..... Respondents

Through : Sh. Abhay Prakash Sahay, CGSC.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MS. JUSTICE DEEPA SHARMA

MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)

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1. The petitioner’s complaint is that his Annual Confidential Report

(ACR) grading for the period 01.04.2005 to 24.10.2005 was wrongly

recorded by the then Reporting Officer, i.e. the third respondent Sh. Ishwar

Singh Duhan, who held the rank of Commandant, and that he was actuated

by malice which vitiated the “below average” ACR grading, recorded and

affirmed by the Reporting Officer and the Reviewing Officer.. He seeks

appropriate directions for the quashing of such ACR.

2. The petitioner was, at the relevant time, an Assistant Commandant.

He had joined that post in the Indo-Tibetan Border Police (ITBP) on

25.10.1997. During the period 2004 onwards he was posted as an Assistant

Commandant in the 18^th Batallion of ITBP. The third respondent was his