MIHIR GOSWAMI S/O LT KAILASH Vs. UNION OF INDIA AND 2 ORS
LAWS(GAU)-2018-5-129
HIGH COURT OF GAUHATI
Decided on May 31,2018

Mihir Goswami S/O Lt Kailash Appellant
VERSUS
Union Of India And 2 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. I. Choudhury, learned counsel for the petitioner as well as Mr. M. Phukan for the respondents in the Union of India and Mr. R. Dhar, learned counsel for the Principal Secretary to the Govt. of Assam in the Home & Political Department.
(2.) The petitioner is a member of the Assam Police Service (APS) who was directly recruited in the year 1992. The petitioner was subjected to a consideration for being promoted to the Indian Police Service (IPS) in the year 2009. One of the criteria for being promoted to the IPS was that the candidate must have the entry 'very good' in his ACR for the given years under consideration. When the result of such consideration was declared, as per the select list dated 25.02.2011, it was noticed that four other candidates were recommended for promotion as IPS, but the petitioner was not so recommended.
(3.) The petitioner accordingly moved the Director General of Police (DGP) through a DO letter requiring the reasons as to why he was not so recommended. It is also to be taken note of that for the concerned years the petitioner was not informed of any adverse entry in his Annual Confidential Report (ACR). The request of the petitioner was put up by the DGP before the Principal Secretary to the Govt. of Assam in the Home and Political Department. In the process, the petitioner was provided with the copies of the ACR, in which he was graded to be 'good', with a further requirement that the petitioner may submit a representation against each and every column filled in by the Reporting Officer.;


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