UNION OF INDIA Vs. LT.COL. SAMEER SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The short question involved in this appeal is whether the Technical Assessment Reports (TARs for short) of an Army officer are to be taken into consideration while considering his case for Permanent Secondment in the Directorate General Quality Assurance (DGQA for short), after the office memorandum dated 12.05.2011 came into force?

(3.) Briefly stated, the facts of the case are that the respondent herein was commissioned in the Indian Army in 1994. He earned various promotions and while holding the post of Lt. Colonel in the Indian Army, he was posted in the DGQA. After completion of two years of service in the Collectorate of Quality Assurance, he fell in the zone of consideration of Permanent Secondment. His case was considered by the Quality Assurance Selection Board (QASB for short) held on 17.02.2016. The respondent's case was not recommended for Permanent Secondment. On finding that his name has not been recommended, the respondent made enquiries and came to know that his case has not been recommended since in the TAR for the year 2014-15, it was found that he was 'NOT YET FIT' for Permanent Secondment in DGQA. In the next year, i.e. 2015-16, he was declared 'NOT FIT' in the TAR. Thereafter, he was reverted to the Indian Army.