SUKHVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an Army Officer. He allegedly upon undergoing a successful career and completion of requisite training, etc. was promoted to the post of Lieutenant Colonel, which is a selection post in the year 1996. He was promoted to Selection Grade Lieutenant Colonel on 20.08.1997. In December, 1998, although he was screened for promotion to the post of Colonel along with other officers of his batch, he was not selected. He thereupon preferred a non-statutory complaint on or about 17.04.1999 for expunction of Annual Confidential Reports ( in short, 'ACRs' ), if any, which were not consistent with the overall career portfolio, in relation to the following :- <FRM>JUDGEMENT_424_ILRDLH11_2003Html1.htm</FRM> The form, in which ACR is to be filled up, contains 14 columns.

(2.) The Chief of the Army Staff directed expunction of Reviewing Officer's assessment of the petitioner in respect of eight qualities on the ground of being "Inconsistent and Subjective". The said aberrations, if any, were directed to be removed from the ACRs of the petitioner.

(3.) The petitioner contends that he was put through the Selection Board by the Reviewing Officer in the year 2000, but again he was not selected. Thereafter, he made a statutory complaint for expunction of the entire assessment made by the Reviewing Officer, wherein he raised the following contentions :-