S.J. Mukhopadhaya, J. - (1.) THIS writ petition has been preferred by petitioner for a direction on the respondents to reconsider the case of petitioner for promotion to the post of Deputy Commandant, in view of the fact that the adverse remarks in the annual confidential report of petitioner recorded during the period 1st January, 1997 to 31st December, 1997 and 1st April, 1996 to 7th August, 1996 have been expunged vide orders dated 3rd March, 1999 and 2nd March, 2000 respectively.
(2.) ACCORDING to the petitioner, he was appointed in the services of Central Industrial Security Force (hereinafter referred to as 'CISF') in the year 1968 and was accorded the Personnel Number 7111003. During his service career, he took every care to keep high spirits, honesty and sincerity in his work for which he was awarded on several occasions and provided with commendation certificate. He was promoted to the post of Assistant Commandant vide Notification dated 18th March, 1991, whereinafter he was posted at various places in Madhya Pradesh, Jharkhand, Chennai, Tamil Nadu etc. In the seniority list of Assistant Commandants (Executive) dated 13th December, 1995, his name was appearing at Serial No. 181. Another revised seniority list of Assistant Commandants of CISF was published on 30th June, 1999, wherein his name has been shown at serial No. 74. The case of the petitioner is that though he was eligible for promotion to the post of Deputy Commandant in the year 1997, he was not given promotion from due date. On the other hand, persons junior to him were promoted to the post of Deputy Commandant. Adverse remarks were recorded in his confidential record first on 20th October, 1997 for the period 1st January, 1997 to 31st December, 1997 and second on 20th October, 1997 for the period 1st April, 1996 to 7th August, 1996, which were communicated to him. Against those two adverse remarks, he represented, which was allowed by the competent authority and both the adverse remarks of the aforesaid period were expunged vide orders dated 3rd March, 1999 and 2nd March, 2000 respectively. The grievance of the petitioner is that though the respondents should have reviewed and should have reconsidered the case of petitioner for promotion to the post of Deputy Commandant with effect from the date the juniors so promoted (since 1997), adverse remarks having been expunged, his case was not placed before the Review Departmental Promotion Committee. In a regular manner, his case was subsequently considered and he was promoted to the post of Deputy Commandant in the year 2002.
(3.) COUNSEL for the petitioner relied on enclosures attached to the writ petition to suggest that the persons junior to him were considered and promoted to the post of Deputy Commandant w.e.f. 1997.;