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TMI Blog2005 (1) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... eafter, his ad hoc appointment was regularised as Deputy Collector of Customs and Central Excise on 16.7.1985. It is the case of the petitioner that the petitioner was senior to the respondents 4 to 7, however, the petitioner on the basis of ACRs for the years 1992-93, 1993-94 and 1994-95, has not been granted seniority. To appreciate the contention of the counsel for the petitioner the chart showing the Annual Confidential Reports (ACRs) considered by the Departmental Promotion Committee (DPC) for promotion to the post of Commissioner of Customs and Central Excise is as follows: S.No. Year Grading given by the Reporting Officer Grading given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. 1995-96 Outstanding Outstanding Outstanding grading awarded by the Central Vigilance Commissioner. 8. 1996-97 Outstanding Outstanding Outstanding grading awarded by the Central Vigilance Commissioner. The impugned order is taken into consideration. The CAT did not interfere in the matter because the net result, from the perusal of the confidential report, was not adverse to the appli cant. The finding of the Tribunal that entry so recorded as very good was not adverse, was patently ille ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me the sting of adverseness must, in all events, not be reflected in such variations, as otherwise they shall be communicated as such. It may be emphasised that even a positive confidential entry in a given case can perilously be adverse and to say that an adverse entry should always be qualitatively damaging may not be true. In the instant case we have seen the service record of the first respondent. No reason for the change is mentioned. The downgrading is reflected by comparison. This cannot sustain. Having explained in this manner the case of the first respondent and the system that should prevail in the Jal Nigam, we do not find any difficulty in accepting the ultimate result arrived at by the High Court. Similar is the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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