SUDHRAM DESHLAHRA, S/O LATE SHRI CHAITURAM, AGED ABOUT 61 YEARS, R/O BALOD Vs. STATE OF CHHATTISGARH, THROUGH THE SECRETARY, HOME DEPARTMENT, MAHANADI BHAWAN, MANTRALAYA, NEW RAIPUR, RAIPUR (CG)

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Art. 226 of the Constitution of India the petitioner herein seeks to challenge the order dated 15.6.2016 (Annexure P/1) by which representation of the petitioner for up gradation of his entry in the Annual Confidential Report (ACR) has been rejected by respondent No.2 herein.

(2.) The essential facts required to judge the correctness of plea raised at the Bar are as under:-

(3.) Mr.Tridib Bhattarcharya, learned counsel appearing for the petitioner, would submit that the petitioner having denied of promotion on the ground of award of entry "x" (C) in the ACRs of the year 2011 and 2012, it is not open to respondent No.2 to hold that entry "x" (C) is not adverse remark. He would further submit that any entry less than "excellent" or "outstanding" is adverse entry and the petitioner is entitled for up gradation and his representation has to be considered by the competent authority to upgrade the entry, therefore, the impugned order dated 15.6.2016 (Annexure P/1) passed by respondent No.2 deserves to be set aside.