UNION OF INDIA Vs. BRIG DEVINDER SINGH

JUDGEMENT

(1.) The challenge in the present appeals is to an order passed by the Armed Forces Tribunal (Tribunal) on May 17, 2010 directing the appellants that the facts should be correctly entered in the reports at the relevant places and that the Annual Confidential Report (ACR) written by Lt. Gen. Kishan Pal as Adjudicating Authority for the period November, 1998 to June, 1999 be expunged as a whole.

(2.) It is categorical stand of the appellants that the order of the Tribunal so as to expunge the ACR written by Lt. Gen. Kishan Pal is not being challenged by the appellants in the present appeals as said part of the order of the Tribunal has been given effect to. The only direction under challenge is that the facts should be correctly entered in the reports at the relevant place.

(3.) The respondent herein was promoted to the post of Brigadier in May, 1998 and assumed the Command of 70 Infantry Brigade then deployed in Kashmir Valley in counter insurgency duties in operation Rakshak in the year 1999. His Brigade Headquarter was associated to Ladakh Sector subsequently. As per the respondent, he forecasted the pattern of Kargil intrusion but the same was summarily dismissed by his senior officers.