MAKHDUM ALI HAIDAR vs UNION OF INDIA AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 07.11.2024 Pronounced on: 27.01.2025 + W.P.(C) 3465/2023 MAKHDUM ALI HAIDAR .....Petitioner Through: Mr.Prem Prakash, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Ms.Nidhi Banga, Sr. Panel Counsel with Mr.Nishant Kumar, Adv. CORAM: HON’BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, assailing the Annual Performance Assessment Report („APAR‟) for the period between 01.04.2015 to 31.03.2016, wherein a below benchmark grading of „3.1‟ has been awarded to the petitioner. 2. The petitioner also assails the Order dated 11.06.2020 passed by Special Director General, Border Security Force („BSF‟), Eastern Command, vide which the Order dated 22.05.2019, passed by Inspector General („IG‟), North Bengal Frontier, BSF, was set aside solely on the ground that no second representation is permissible Signature Not Verified Digitally Signed W.P.(C) 3465/2023 Page 1 of 20 By:NEELAM Signing Date:27.01.2025 18:58:25 against the adverse remarks in an APAR. 3. The brief facts leading to filing of the present petition are that the petitioner joined the BSF as a Sub-Inspector (DE) on 10.09.2012 and received his first posting at the 41st Battalion, BSF, Raiganj (West Bengal), after completing the mandatory basic training, on 06.08.2014. For the period between 02.08.2014 to 30.04.2015, the petitioner received a grading of „6.3‟ with the remark „Very Good‟ in the APAR submitted by the Reporting Authority. 4. During his service, the petitioner overstayed his leave on different occasions, which was subsequently regularized vide the Order dated 04.01.2019. He was granted 30 days Earned Lea