BHAGIRATH JAT Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) This petition arises out of alleged non-compliance of the review order dated 25.04.2000 passed by this Court in CW 4240/98 filed by the petitioner. The petitioner filed aforesaid writ petition on account of his having been ignored for promotion to the rank of Naib Subedar presumably on the ground that his ACR for the year 1991 was adverse and affected, his promotion. This Court while allowing the petition gave the following directions vide order dated 25.4.2000:

(2.) Despite directions of this Court that petitioner's case for promotion to the rank of Naib Subedar will be considered in accordance with law and that the petitioner's ACR will not come in the way for giving relief to the petitioner and his superannuation in the interregnum will also not come in his way if found fit for promotion, the petitioners adopted a different posture by emphasising time and again that petitioner's "average" grading awarded by the reviewing officer for 1991 remained intact and therefore lacked the criteria for promotion to the rank of Naib Subedar and further that since the learned single Judge in the previous petition thought it fit not to go into the merits and passed the order dated 25.4.2000 for expunge of remarks from his ACR from 1991, this aspect of the case was neither gone into nor dealt with.

(3.) Apart from this the respondents have also tried to paint the petitioner black by pointing out that he has been awarded 4 reprimands during his service for 20 years for having been found guilty for various offences and some time in the year 1996-97 he was found guilty of intoxication and offence under section 48 of the Army Act was registered and on 11.3.95 he was also found guilty of indiscipline and incurred repeated disciplinary aberrations. It is also their case that petitioner had crossed the age limit for continuation in service as Naib Subedar on 10.2.96.