R K SAREEN Vs. UOI

JUDGEMENT

(1.) By May 1992 the appellant had earned promotion as a Major in the Indian Army and was appointed as Presiding Officer of a Board of Officers constituted to take over the possession of buildings constructed by contractors for the Army Aviation Corps at Jhansi.

(2.) In June 1992 the Initiating Officer of the appellant initiated the recording of the Annual Confidential Report (hereinafter referred to as the "ACR") of the appellant for the year 1991-1992 and graded the appellant "Above Average Officer". The problem started for the appellant when Brig.R.Gopal, respondent No.5, the Senior Reviewing Officer of the appellant, downgraded the appellant to "High Average Officer" and recorded following adverse remarks in the ACR:- "Inflated report by the IO and RO. Sareen is an high average officer. He is excessively obese and must reduce his over weight."

(3.) Aggrieved by the downgrading of his ACR grading and recording of adverse remarks in the ACR, the appellant made a non-statutory representation before the competent authority, which was rejected by the General Officer Commanding-in-Chief, Central Command by the order dated 20.03.1993.