Mr. K. Chakraborty vs Mr. D. Sarma
2022 Latest Caselaw 624 Tri

                       HIGH COURT OF TRIPURA
                             AGARTALA

                            WP(C) 548 of 2022

For Petitioner(s)                      : Mr. K. Chakraborty, Adv.
For Respondent(s)                      : Mr. D. Sarma, Addl. GA.

              HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                   ORDER

04.07.2022

This is petition under Article 226 of the Constitution of India for

issuance of a writ of mandamus and/or in the nature thereof, for

mandating/directing the official respondents to revoke/rescind the

impugned order of Promotion dated 05.06.2013, the impugned ACR of the

year 2011-2012 (insofar as it relates to the adverse entry of 'Average' as

given by the accepting Authority), the impugned letter dated 18.09.2018.

[2] It is the case of the petitioner that he was serving as Subedar

(GD), TSR, submitted a representation dated 20.08.2012, praying for

reviewing an adverse entry of 'Average', as given by the Accepting

Authority, in his ACR of the year 2011-2012. Due to pendency of a

disciplinary proceeding against the petitioner and the said adverse ACR

entry, the petitioner was not promoted to the next higher post of TPS

Grade-II, but his juniors (i.e. the Private Respondents) were promoted

thereto on 05.06.2013. Pursuant to a writ petition, filed by the petitioner,

by a judgment & order dated 15.03.2018 he was exonerated from the

liability of the inflicted penalty, by this High Court. By a communication

dated 18.09.2018, the petitioner was informed that due to the said adverse

ACR grading, he could not be promoted. On 31.12.2018, the Law

Department gave an opinion for disregarding the said adverse ACR grading,

as given by the Accepting Authority. On 28.01.2019, the petitioner

submitted a representation, praying for his retrospective promotion. By a

letter dated 29.06.2019, the Assistant Inspector General of Police

(Establishment) forwarded the said representation to the Additional

Secretary, GA (P&T), but the same did not evoke any response. On

27.11.2020, the petitioner submitted an RTI application, requesting for

communicating the status of his representation and the said letter dated

29.06.2019 but the same was rejected. Hence this writ petition.

        [3]          Heard both sides.

        [4]          After perusing the entire records, this court directs the

respondents to consider the representation dated 08.02.2021 filed by the

petitioner in accordance with law within two months from the date of the

receipt of the copy of this order.

[5] It is needless to mention that the respondents shall

communicate the same to the petitioner.

[6] With the above observation, this writ petition stands disposed

of without expressing any opinion on its merit.

JUDGE

Dipak