R S UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition is taken up for hearing and disposal with the consent of the counsel for the parties. THE petitioner has sought the quashing of the order dated 20th September, 2005 to the extent that respondent No.1 has not quashed the ACRs of the petitioner for the period from 29th July, 1997 to 31st March, 1998 and 1st April, 1998 to March, 1999 and June, 2001 to October, 2001 though the observations of the IO/RO/SRO have been expunged. THE petitioner has also sought the quashing of the observations of the RO/Accepting Authority in the ACRs pertaining to the period from 1st April, 2002 to 31st March, 2003, 1st April, 2003 to 31st March, 2004 and 1st June, 2004 to 28th February, 2005 on the ground of being subjective and biased. THE petitioner has also prayed for his promotion to rank of Brigadier from 1st October, 2002 with all the consequential benefits and without any loss of seniority and the compensation to the tune of Rs.15 lacs for harassing the petitioner for 19 months.

(2.) THE petitioner had filed a writ petition being W.P.(C) No.18598/2005 before the High Court of Delhi which was transferred to the Armed Forces Tribunal, Principal Bench and was registered as T.A.No.380/2010. THE Principal Bench of the Armed Forces Tribunal has partly allowed the petition being T.A.No.380/2010, titled as 'Col.R.S.Upadhyay v. Union of India& Ors.', holding that the findings given by the Army have already been revoked and it will have no bearing on the promotion of the petitioner to the post of Brigadier. To that extent the petition was allowed. It was held that as far as the remaining grievance of the petitioner with regard to the ACRs of 1st April, 1998 to 31st March, 1999 is concerned, it would be open for the petitioner to choose the appropriate forum. Regarding the petitioner's claim for compensation, it was held that it cannot not be given in the facts and circumstances and thus the claim was rejected and the petition was disposed of accordingly.

(3.) THE petitioner asserted that in the year 1997, he was posted at Ludhiana as Quality Assurance Officer (QAO) and officiating as SQAO at New Delhi from February 1997 to August 1997. A golf tournament was organized by the DGQA for which 75 sports shirts were required which were costing above Rs.20,000/- each. THE petitioner had asked the Director, Major General, Amarjeet Singh for money for the purchase of sports shirts which, however, had annoyed him since he had told him that it was a yearly affair and that no one had so far asked him for any money. He also threatened that if the petitioner was unable to procure the necessary funds then he would have to suffer the consequences. THE petitioner alleged that since he had asked for the funds from which the shirt could have been purchased, the Director got very annoyed and thus wrongly implicated him in a fabricated case because of which his ACRs from July, 1997 were spoiled. THE petitioner disclosed that Major General, Amarjeet Singh had been petitioner's IO, RO and Accepting Authority for the different stages for the purpose of the ACRs of 1997 to 2001.