(1.) THOMAS Jefferson said that "Experience has shown, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny". Tyranny points towards arbitrariness. The instant case raises this issue with full force.
(2.) THE writ petitioner assails the order dated 22nd of September 2011 passed by the Armed Forces Tribunal rejecting O.A.No.161/2011. By this petition, the petitioner had challenged the legality of the action of the respondents in considering respondent no.5 of the 1974 batch (who was a review case) in 2009 in the Selection Board No.1 held on 12 th August, 2009 as a solitary case for promotion to the rank of Major General; and the order dated 22nd October, 2010 passed by the Central Government respondent no.1 rejecting the statutory complaint of the petitioner against his non- consideration in the aforesaid Selection Board. The petitioner had also laid a challenge to the action of the respondents in not considering him in the Special Selection Board scheduled on 28th April, 2011 (subsequently held on 18th August, 2011) for promotion to the rank of Lieutenant General in which the respondent no.5 has been considered for promotion.
(3.) THE petitioner was commissioned in the Remount Veterinary Corps (RVC) of the Indian Army on the 22nd of November 1976 with the same date of seniority. The respondent no.5 was commissioned in the RVC in the year, 1974.
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