R K SAREEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by his non promotion from a Major to a Lieutenant Colonel and has sought a direction to consider his case for promotion without taking into consideration the impugned ACRs for the years 1991-1992 and 1992-93 as also direction not to take into consideration the impugned severe dis-pleasure.

(2.) The petitioner has stated in the petition that he was appointed as a Presiding Officer in May 1992 to take over the buildings constructed for Army Aviation Base at Jhansi from civil contractor. It has been alleged that in view of the nature of work involving crores of rupees, the petitioner was pressurised by respondent No.6 not to reflect his observations in the Board proceedings and since the petitioner refused to delete his observations, the petitioner was harassed by respondent No.6 who was his commanding officer and also the Reviewing Officer for writing his ACRs,

(3.) The petitioner vide his letter dated 2/08/1992 requested for a personal interview and it is alleged that on the complaint of the petitioner, respondent No.6 took the ACRs of the petitioner for the year 1991-1992 from Jhansi to Mathura and gave to respondent No.5 who down graded the ACRs of the petitioner. This action of the respondents is alleged to be contrary to the standing orders and without giving any counselling or warning to the petitioner.