HAV CLERK Y N SHARMA Vs. UOI

JUDGEMENT

(1.) THOUGH none appears for the petitioner at the hearing today, having perused the impugned order and the pleadings relatable thereto, we are constraint to remand the matter to the Tribunal after setting aside the impugned order dated 04.02.2011 and as a consequence restore T.A. No.394/2009 for fresh adjudication by the Armed Forces Tribunal.

(2.) RELEVANT facts are that enlisted as a Senior Non- Commission Officer in the recruiting organization of the Indian Army on 20.01.1962 petitioner was promoted as a Naik on 12.05.1963 and as a Havaldar 02.09.1969. Initiating court marshal proceedings against him and finding him guilty punishment of reduction to the ranks, RI for 2 years and dismissal from service was passed, petitioners writ petition filed being WP (C) No.257/1982 came to be allowed vide order dated 30.03.1987 requiring petitioner to be reinstated in service with all consequential benefits. The decision attained finality.

(3.) PETITIONER filed WP(C) 12284/2004 praying as per his claim as aforenoted which writ petition came to be transfer to the Armed Forces Tribunal when the Tribunal was created and was registered there as TA No.394/2009. The same has been dismissed on 04.02.2011 holding that for being entitled to be promoted the requisite ACR criteria to be met could not be ascertained inasmuch as post dismissal from service the petitioner having not worked his performance could not be appraised. Secondly it has been held that the petitioner had to pass an examination to be promoted as Naib Subedar and thus the Tribunal has held against the petitioner.