AJIT KUMAR vs UNION OF INDIA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 26.11.2024 Pronounced on: 07.01.2025 + W.P.(C) 6498/2023 AJIT KUMAR .....Petitioner Through: Dr.S.S. Hooda, Adv. versus UNION OF INDIA & ANR. .....Respondents Through: Mr.Bhagwan Swarup Shukla, CGSC with Mr.Sarvan Kumar, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT NAVIN CHAWLA, J. 1. This petition has been filed by the petitioner praying for the setting aside of the Adverse Remarks and below Benchmark grading endorsed in his Annual Performance Appraisal Reports (in short, ‘APAR’) for the years 2021-22. The petitioner further prays for a writ of mandamus directing the respondents to upgrade his APAR for the years 2021-22 with all consequential benefits. Case of the Petitioner: 2. As a brief background, it is the case of the petitioner that the petitioner joined the Border Security Force (in short, ‘BSF’) as Assistant Commandant (Direct Entry) on 02.07.1993. He was Signature Not Verified Digitally Signed W.P.(C) 6498/2023 Page 1 of 13 By:SUNIL Signing Date:08.01.2025 10:54:25 promoted to the rank of Commandant on 07.10.2016, and is due for promotion to the rank of Deputy Inspector General (in short, ‘DIG’). He has an unblemished record in his entire 29 years of service. 3. The petitioner further submits that he has regularly been graded as ‘Outstanding’ and ‘Very Good’, as would be evident from the table given hereinbelow: S.No. APAR year Grading 1. 2016-17 Outstanding 2. 2017-18 Very Good 3. 2018-19 Outstanding 4. 2019-20 Outstanding 5. 2020-21 Very Good 4. The petitioner is aggrieved of the fact that in his APAR for the period 2021-22, he has wrongly been graded ‘Good’ and has been given a numerical grading of only 5 and, the Reporting Officer has also endorsed adverse re