RAMESH SINGH RATHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioner has sought for setting aside of the order passed by the respondent No.l on 8.1.98 and also for quashing of the proceedings of the Selection Board rejecting he claim of, the petitioner for his promotion to the post of Colonels

(2.) The petitioner was appointed as a Commissioned 'Officer in the Indian Army on 21.12.1969 and he was promoted to the rank of acting Major. The petitioner got the rank of substantive Major on 21.12.1979 and was given the rank of Lieutenant Colonel on 29.5.87. The petitioner was considered for promotion to the rank of Colonel by the Selection Board held in January/May/July 1990. The petitioner was, however, not selected and according to the petitioner the same was due to the adverse entry recorded for the year 1986-87 due to bias of one Col. J.S.Chopra.

(3.) Being aggrieved by the said non-selection, the petitioner moved a statutory complaint on 22.3.90 under Section 27 of the Army Act. The aforesaid statutory complaint of the petitioner was disposed of by the respondents by passing a non-speaking order dt.12.2.91. The said order was challenged by the petitioner before the Allahabad High Court. By an order dt.3.7.96 the Allahabad High Court disposed of the writ petition directing the first respondent to consider the Statutory complaint dated 22.3.90 afresh and to pass 'a' reasoned order. The said order of the Allahabad High Court was challenged before the Supreme Court by the respondents by filing a Special Leave Petition, which was dismissed by the Supreme Court on 13.11.97. In terms of the aforesaid direction of the Allahabad High Court the respondents again considered and disposed of the statutory complaint. It is alleged that the fresh disposal of the appeal was also again by a non-speaking order dt.8.1.98 whereupon the present petition is filed in this court seeking for the aforesaid reliefs.