RATAN SINGH CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for a direction to the respondent to promote the petitioner to the rank of Naib Subedar from the date the said promotion was due to the petitioner with a further direction to pass an order to give all consequential benefits to the petitioner, in accordance with law.

(2.) The petitioner joined the Indian army on 11th August, 1972 as a regular Soldier. In due course, th? petitioner was promoted to the post of L/Naik and Naik. The petitioner was promoted to the rank of Havaldar with effect from 1/09/1989. It is alleged in the petition that due to personal animosity on the part of Lt.Col. S.C.Basu, who was the initiating officer in respect of the confidential report of the petitioner, being the Commanding Officer, he spoiled the Annual Confidential Report of the petitioner for the year 1993 as a measure to wreck vengeance. Although such adverse entries were made in the Annual Confidential Report of the petitioner for the year 1993, the same was not communicated to the petitioner and he was informed for the first time about the aforesaid adverse entries in his Annual Confidential Report for the year 1993 only in the month of March, 1995.

(3.) It is stated that on coming to know about the aforesaid adverse entries in his Annual Confidential Report for the year 1993, the petitioner immediately submitted his non-statutory complaint against the said adverse entires in his Annual Confidential Report for the year 1993 to the higher authority on 15/04/1995. The said non-statutory complaint was accepted and the adverse entries for the year 1993 were struck out and set aside by the higher authorities but in the process, the petitioner lost his opportunity of promotion to the post of Naib Subedar and he stood retired from the Indian Army in the post of Havaldar. Consequently, it is stated that not only the petitioner lost his status but also monetary benefits to which the petitioner would have been otherwise entitled to. It is also stated that because of the aforesaid adverse entries in his Annual Confidential Report for the year 1993, the petitioner was not detailed for "S" Course which was held in the month of June, 1995 and as a result he was not even considered for promotion to the post of Naik Subedar.