CR DALAL Vs. UOI

JUDGEMENT

(1.) O.A.No.644/2010 filed by the petitioner has been dismissed by the Armed Forces Tribunal vide impugned order dated 6.5.2011.

(2.) AS per the original application filed by the petitioner, he was praying that grading of ,,7 in the ACR for the period September 2001 to August 2002 be set aside; order dated 17.3.2010 rejecting statutory complaint filed by the petitioner be set aside and petitioners non empanelment for promotion as a Brigadier be quashed with a direction that petitioners entitlement for promotion to the rank of Brigadier be considered afresh.

(3.) NOTING the decision of the Supreme Court reported in 2001 (6) SCC Major Aroon Kumar Sinha vs. Union of India & Ors., the Tribunal held that one was not entitled to file a statutory or non- statutory representation at ones free will. The Tribunal held that the petitioner ought to have raised the issue in the year 2002 itself. The Tribunal also noted petitioners claim that in the past, his gradings pertaining to column in question, had always been marks more than ,,7, was wrong. To put it differently, the Tribunal held that box grading as ,,7 under the heading ,,Effectiveness in Training of his Commands cannot be said to be an aberration.