RAJEEV KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a Lt.Commander in the Navy, is clamouring for promotion to the rank of Commander. He was considered by Selection Board -Ill on 6.5.1999 but was not selected. He filed an ROG against this and during its pendency, he was asked to forward duly filled -up ACR forms for May 1996 to October 1996 which he was told were not available. He was then asked to forward duly filled up ACR forms for the entire period from November 1995 to May 1996 in March 2000 to one Captain Virender Singh. He claims that even though he had completed all these formalities but his ROG was rejected by order dated 31.5.2000. He then approached the next higher authority in second ROG on the ground that Promotion Board had rejected him in absence of relevant ACRs but even this was turned down.

(2.) Petitioner says he later made representations dated 13.9.2000, 11.6.2001 and 16.7.2001 to Government of India and the Defence Ministry which were disposed of by orders dated 18.6.2001 and 29.8,2001 directing the Naval Headquarters to consider his case for promotion afresh and informing him that two of his missing reports were recorded and found to be as per his normal profile and that his non -promotion was due to his low position in order of merit.

(3.) Petitioner catalogues his several achievements and asserts that it was because of his high profile and superior merit that he was promoted to the rank of Lt.Commander. He maintained his good record all through and was given prize postings from time to time on INS Deepak and INS Viraat. He was also posted as Commanding Officer INS DBT -60 at Indo -Srilanka International Border Line and was selected for prestigious staff course at DSSC Willington. All this, according to him, was proof enough of his excellent service record and, leaving Respondents with no room for denial of his promotion. He also submits that he had completed the requisite formalities of rendering his relevant ACRs and respondents' failure to record these from November 1995 to May 1997 had vitiated the whole promotion exercise.