BRIG V S SUKHDIAL Vs. UOI

JUDGEMENT

(1.) BEFORE the Armed Forces Tribunal, the petitioner had prayed that his CR for the period June 1992 till July 1993 be expunged and similarly the confidential record for the period July 2000 to July 2002 should also be expunged. He alleged bias and inconsistency in the confidential record prepared for the said periods. He prayed that directions be issued to consider afresh his promotion to the rank of Major General, after expunging as aforesaid.

(2.) AFTER noting the fact the Tribunal has dismissed the claim before it. The reasons of the Tribunal, are as under: "We have heard learned counsel for the parties. Original record was also placed before us and we perused the record. We find that adverse entry of 1992-93 was expunged in the year 1994 and ACR for the year 2000-01 was expunged on 16.06.2004. AFTER expunging all the remarks his case was again considered by the Selection Board and the Selection Board did not find him suitable to be promoted to the post of Major General. AFTER going through the original record, we are of the opinion that view taken by the Selection Board in the given circumstances appears to be justified and there is no reason for us to set aside the same as comparative assessment made by the Selection Board has to be accepted unless it is vitiate being mala fide of the member of Selection Board. Therefore, we do not find any merit in the petition. Same is dismissed. No order as to costs."

(3.) WE do so.