R S RAINA Vs. UNION OF INDIA

JUDGEMENT

(1.) Though petitioner had already retired from service in the rank of Colonel in Indian Army, he still wants his promotion as Brigadier.

(2.) Petitioner was commissioned in the Army Medical Core on 22.7.1968. He ran into rough weather when his Initiation Officer (10) one Major General Arjun Rai awarded him "below average" grading in the interim/early ACR for 06/97 to 03/98. This, according to him, was communicated after more than two years to him without giving him any warning, counselling or communicating any weak points to him. He filed a non-statutory complaint against this and prayed for removal of his name for consideration of his promotion by Selection Board (Med)-II which was being held on 11.7.2000 His request was rejected and the Selection Board was held on 11.7.2000 in which he was graded 'R' (unfit for promotion) which was communicated to him on 14.9.2000. Meanwhile, his statutory complaint was processed and he was granted partial redressal and his entire assessment recorded by the I0 in CR of 06/97-03/98 was ordered to be expunged including the pen-picture and recommendations for employment on grounds of inconsistency. The aberration was also ordered to be removed from his CR Dossier.

(3.) Petitioner's grievance is two fold - firstly that he was entitled to a review of his promotion case on file immediately on receipt of the directions of the Chief of the Army Staff granting him "redressal which relief was granted to two of his batch-mates Col.H.K.Mani and Col. C.V.Koshi but was denied to him and that his ACR for 2000 was not considered by the Selection Board while rejecting him for promotion on 8.3.2000.