BRIG NEEL KAMAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition impugns the order dated 4th May, 2021 of the Armed Forces Tribunal (AFT), Principal Bench, New Delhi, of dismissal of OA No. 1415/2020 preferred by the petitioner.

(2.) The petitioner herein was commissioned in Army Service Corps (ASC) of Indian Army on 15th December,1990 and since then has had an exemplary service record. The petitioner was promoted to the post of Brigadier in January, 2018. On 3rd March, 2021 respondents issued a list of names of the officers who are to be considered for promotion from the rank of Brigadier to Major General wherein petitioner's name was also included. As per Integrated HQ, of Ministry of Defence (Army) MS Branch, New Delhi letter No. 04502/MS Policy dated 23rd December 2017, the marks obtained in the Confidential Report (CR) are the most important aspect for promotion. Apprehending that his CRs for the periods January, 2018 to June, 2018 and July, 2018 to June, 2019 may not be good enough for him to be considered for promotion to the post of Major General, the petitioner made a Statutory Complaint on 19th November, 2019 to Ministry of Defence against his CRs earned in the rank of Brigadier for the periods January, 2018 to June, 2018 and July, 2018 to June 2019. The petitioner in his complaint also sought restoration of his CR earned in the rank of Colonel for the period February, 2009 to August, 2009. The Ministry of Defence on 9th September, 2020 passed an order rejecting the Statutory Complaint filed by the petitioner with the reasoning that both the CRs of petitioner in the rank of Brigadier are corroborated, consistent, performance based, objective, fair and technically valid.

(3.) Aggrieved by the aforesaid rejection order, petitioner preferred OA No. 1415/2020 before Armed Forces Tribunal (AFT), Principal Bench, New Delhi from which the present petition arises.