BRIJESH KUMAR SHARMA Vs. DEFENCE SECY

JUDGEMENT

(1.) The petitioner was enrolled as Naik/Clerk in the Indian Army on 30th of March, 1982. He was awaiting consideration for grant of commission/departmental promotion to the rank of Havildar/Clerk. In view of adverse ACR for the year 1988, he was, however, not approved for promotion to the rank of Havildar with his batchmates. Adverse remarks in his said ACR later came to be expunged and he was accorded promotion in the paid rank of Havildar with effect from 3rd of November, 1992 with notional seniority, with effect from 1st of November, 1989 - the date when his batchmates got their promotion.

(2.) On 8th of April, 1995, the petitioner made a direct complaint to the Chief of the Army Staff by passing prescribed channel for redressal of grievances and, consequently, disciplinary action was initiated against him by holding a Court of Inquiry in the Unit whereupon he was punished by awarding `Severe Reprimand' on 27th of January, 1996.

(3.) In September, 1996, the petitioner was attached to 6 Field Regiment for disciplinary action against him on five charges, which were, however, eventually dismissed vide 6 Field Regt. letter No.1469417/CF/6/A dated 3.6.1998 and no further action was taken on those charges against him.