KAUSTHUBA NAND PANT vs UNION OF INDIA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13.11.2024 Pronounced on: 07.01.2025 + W.P.(C) 6720/2020 KAUSTHUBA NAND PANT .....Petitioner Through: Mr. Dinesh Agnani, Sr. Adv. with Mr. Pradeep Mathur, Mr.Chiranjeev Johri and Ms.Ishita Kadyan, Advs. versus UNION OF INDIA & ANR .....Respondents Through: Mr. Ruchir Mishra, Mr. Mukesh Kr. Tiwari, Ms. Reba Jena Mishra, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT NAVIN CHAWLA, J. 1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner prays for the following reliefs: - “a. issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents to consider the petitioner for regular promotion and posting as Commandant in the ITBP force from the date of such promotion of his juniors with all consequential benefits ignoring the adverse remarks in the APAR 2016-17; and b. expunge the adverse remarks recorded in pen picture in the APAR 2016-17 of the petitioner.” Case of the Petitioner: 2. It is the case of the petitioner that the petitioner was inducted into the Indo-Tibetan Border Police (ITBP), a paramilitary Signature Not Verified Digitally Signed W.P.(C) 6720/2020 Page 1 of 19 By:SUNIL Signing Date:08.01.2025 10:57:01 organization, in 1988, as a direct-entry Sub-Inspector (GD), and has had a smooth and commendable career progression. The petitioner was promoted to the post of Inspector in 1991, Assistant Commandant in 2003, Deputy Commandant in 2009, and Second-in-Command (2IC) in 2012. Since then, the petitioner has been serving as 2IC with seniority at Serial No. 6 in the cadre, maintaining an excellent service record throughout. 3. It is the case of the petitioner that the petitioner has been over