2009 LAB. I. C. 2949 ::(2010) 2 SCT 16

Rajasthan High Court

Hon'ble Judge(s): Mohammad Rafiq , J

( A ) Constitution of India Art. 16 — Promotion — Post of Naib Tahsildar — Non-consideration of petitioner on ground of adverse entries in APAR of petitioner — Non-submission of duly filled in APAR form by petitioner — Cannot be treated as adverse entry — Moreover petitioner had asserted that he had in fact sent it under postal certificate — Appropriate course for Reporting Officer was to obtain APAR form of petitioner, rather than treating non-submission of APAR form as adverse entry non-suiting petitioner for promotion. (Paras89)