ITBP Commandant challenged an office memorandum fixing his seniority below batchmates and sought expungement of adverse APAR entries for 2013-14. The court held the challenge was barred by delay, the representation having been rejected in 2014, and that promotion from December 2021 caused no prejudice. Petition dismissed.
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$~55
Through: Mr. M. Gireesh Kumar, Mr. Sanjay Singh, Ms. Sneha Mathew, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Dr. Ishaan Swarana Sharma, SPC with Ms. Shambhavi Sharma, GP, Mr. Ayush, Mr. Shubham Shukla, Mr. Mukund Ranjan, Ms. Avantika Pandey, and Ms. Vanshika Arora, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
W.P.(C) 1859/2026
“(a) Issue a writ of certiorari or any other appropriate writ, order or direction to (i) quash and set aside the Office Memorandum dated 12.12.2024 issued by the Respondent No. 2/Director General, ITBP (Annexure- P1); (ii) quash and set aside the Order dated 23.09.2024 issued by the Respondent No. 2/Director General, ITBP, to the extent it fixes the Petitioner's seniority in the rank of Commandant (GD) below his
This is a digitally signed order.
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batchmates from the 1999 batch (Annexure -P2); and (iii) direct the expungement of the adverse remarks/entries in the Annual Performance Assessment Report (APAR) for the year 2013-14, being illegal, arbitrary, and violative of principles of natural justice;
(b) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents to (i) fix the Petitioner's seniority in the rank of Commandant (GD) with effect from the year 2017, along with his batchmates from the 1999 batch; and (ii) grant the Petitioner all consequential benefits, including arrears of pay and allowances, with effect from 2017;
(c) Pending the hearing and final disposal of the present Writ Petition, stay the operation and implementation of the impugned Office Memorandum dated 12.12.2024 and the Order dated 23.09.2024 to the extent they fix the Petitioner's seniority in the rank of Commandant (GD) below his batchmates, as the Petitioner will suffer irreparable harm and injury if the impugned orders are allowed to operate during the pendency of the petition;”
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memorandum dated 23.09.2024, whereby the petitioner was granted promotion would reveal that he has been promoted as Commandant from the date on which his junior namely Mr. Vishal Mahant assumed charge to the post of Commandant.
This is a digitally signed order.
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V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 10, 2026 rt
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/02/2026 at 14:46:33
2 issues framed by the court
Whether the challenge to the adverse APAR entries of 2013-14 is barred by delay and laches.
Whether the petitioner suffered prejudice in seniority/promotion as Commandant (GD) despite promotion from 2021.
Ram Bharat Singh Kushwaha
Union of India
V. Kameswar Rao
Manmeet Pritam Singh Arora
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
