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Delhi High Court - Orders

Ganga Singh Udawat vs Union Of India And Anr on 29 November, 2021

Author: Manmohan

Bench: Manmohan, Navin Chawla

                              $~S-57
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 13461/2021
                                    GANGA SINGH UDAWAT                                       ..... Petitioner
                                                       Through:       Mr.Jaideep Singh, Advocate withi
                                                                      Mr.Adwait Singh Sirohhi, Advocate.

                                                       versus

                                    UNION OF INDIA AND ANR                     ..... Respondents
                                                   Through: Mr.Ruchir Mishra, Advocate with
                                                            Mr.Mukesh Kr. Tiwari, Mr.Ramneek
                                                            Mishra and Mr.Dacchita Shahi,
                                                            Advocates.
                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE NAVIN CHAWLA
                                             ORDER

% 29.11.2021 CM APPL. 42455/2021 (exemption) Allowed, subject to all just exceptions.

Accordingly, the application stands disposed of. W.P.(C) 13461/2021 Present writ petition has been filed challenging the order dated 3rd August, 2015, whereby the Petitioner's representation seeking expunction of the adverse remarks in his APAR was rejected. Petitioner also seeks directions to the Respondents to review and re-adjust the APAR of the petitioner for the period 1st April, 2013 to 7th March, 2014 and to grant the benefit of NFSG to the Petitioner with effect from 1st January, 2018 instead of 1st April, 2019.

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.12.2021 16:05:33

Learned counsel for the petitioner states that the petitioner joined the SSB as a sub-inspector (GD) in 1990 and is currently serving as a Second in Command (2IC) of 38Bn SSB at Tawang. He states that during his service over the past 31 years, the Petitioner received commendations, police medals as well as cash rewards and there have never been any adverse comments against him except for in the impugned Annual Performance Report of 2013-14. He further states that from 2013 to 2014, the Petitioner was posted at Ranidanga Siliguri, West Bengal as a Deputy Commandant and during that period, he stopped a lot of smuggling in his area for which he was awarded a commendation by the previous IG, FTR, Siliguri.

Issue notice. Mr.Ruchir Mishra, Advocate accepts notice on behalf of respondents. He prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

List on 27th April, 2022.

MANMOHAN, J NAVIN CHAWLA, J NOVEMBER 29, 2021 TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.12.2021 16:05:33