BRIG SANDEEP CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) FACTUAL ASPECTS : To appreciate the controversy involved, a few key factual details must be considered. After completing successful training at the Indian Military Academy, the appellant was commissioned as a Lieutenant on 14/12/1991 in the Corps of Electrical and Mechanical Engineers. It is now known as the Corps of Electronics and Mechanical Engineers (EME). Though the appellant served in the EME, he also served as operations staff in various locations, including high-altitude areas and counter insurgency (operations). He was promoted from time to time. Eventually, he reached the rank of Brigadier. He had undertaken several courses and secured instructional gradings in all the graded courses. He was selected for the United Nations Mission. The appellant claims to be a decorated soldier who has been awarded twelve times and has been awarded the Vishisht Seva Medal (VSM) twice and was commanding the only R&D establishment of the Indian Army.

(2.) On 8/12/2017, the appellant was posted as a Commandant, 3 Advance Base Workshop in the Northern Command. The appellant earned two Annual Confidential Reports (for short, 'ACRs') during the period he worked in the Northern Command. He earned ACRs from the fourth respondent for the periods from December, 2017 to June, 2018 (12/17 to 06/18) and from July, 2018 to June, 2019 (07/18 to 06/19). According to the appellant's case, the fourth respondent gave lukewarm reports due to his bias against the appellant.

(3.) Prior to the aforesaid two ACRs written by the fourth respondent, the appellant was on the top of the batch based on his performance, profile, and awards. On 5/11/2019, the appellant submitted a first statutory complaint pointing out that he was not nominated for the NDC/APPA course. The complaint was rejected. Even the second statutory complaint filed by the appellant based on a few additional facts on the conduct of the fourth respondent, was rejected. In June/July 2021, the appellant was considered for promotion to the rank of Major General, but was not empanelled. Therefore, he submitted a non-statutory complaint on 5/8/2021, which was rejected on 19/1/2022.