BHARAT SINGH PANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner presently working as Executive Engineer (Civil), N.F.S.G. under the respondents has filed this writ petition making a challenge to the overall gradings given to him in the ACRs pertaining to the periods from (a) 01.04.2003 to 25.09.2003, (b) 01.04.2006 to 31.03.2007 and (c) 14.04.2007 to 24.01.2008 (Annexure-5 series). He has also challenged the Annexure-7 office memorandum dated 26.04.2011 by which his representation against the purported adverse remarks in the ACRs for the aforesaid periods has been rejected. Further prayer made in this writ petition is to consider his case for promotion to the post of Superintending Engineer without taking note of the purported adverse remarks pertaining to the said periods.

(2.) I have heard Mr. I. H. Saikia along with Ms. S. Kanangoe, learned counsel for the petitioner as well as Mr. S. Dasgupta, learned CGC. None has appeared for the private respondent.

(3.) Mr. Saikia, learned counsel for the petitioner referring to the pleadings in the writ petition as well as the documents annexed to the writ petition, submits that there was improper consideration of the case of the petitioner towards recording overall gradings, but for which the petitioner would have earned the bench mark "very good" entitling him to a meaningful consideration for promotion to the post Superintending Engineer. Placing reliance on the decisions reported in