BRIG. NALIN KUMAR BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether the non-empanelment of the Appellant for promotion to the rank of Major General was contrary to the promotion policy is the question that arises for consideration in the above Appeal.

(2.) The Appellant was commissioned in the Mechanised Infantry of Indian Army on 13.06.1981 and was subsequently transferred to the Corps of Intelligence in May, 1991. He was promoted as a Brigadier in September, 2008. His empanelment for promotion to the rank of Major General was placed before the Members of Selection Board on 24.04.2015. On 31.07.2015, he was declared as having not been empanelled for promotion to the rank of Major General. Being aggrieved by his non-empanelment, he filed Original Application No.64 of 2015 before the Armed Forces Tribunal, Regional Bench, Mumbai seeking the following relief:

(3.) It was contended on his behalf before the Tribunal that the Appellant has an excellent record of service. Being the only eligible candidate for empanelment for promotion to the rank of Major General, he ought not to have been ignored. The Appellant complained of arbitrary action on the part of the Respondents in comparing his service profile with persons belonging to the 1980 batch. It is relevant to mention that the Appellant belongs to the 1981 batch. According to the Appellant, his non-empanelment for promotion to the rank of Major General was a result of the arbitrary exercise of power on the part of the Respondents. The Appellant relied upon the guidelines issued pursuant to a policy decision dated 06.05.1997 which were not followed while considering him for empanelment.