COL N K YADAV Vs. UOI

JUDGEMENT

(1.) Petitioners are holding the rank of Colonel in the Army services. They are aggrieved of their side stepping/shifting to the posts of Director (Transport) and Director (Personnel) respectively.

(2.) Petitioner no.1 was posted as Director (Provisioning) by respondent no.4 on 1st February, 2005 and petitioner no.2 as Director (Contracts) by this respondent on 2nd December, 2004. By a signal dated 13th April, 2005, they had been shifted/side stepped to the post of Director (Transport) and the Director (Personnel) respectively. They questioned this action in the present petition and also challenge the validity of respondent's policy relating to 'integrity check'. They accordingly pray that this criteria of 'integrity check' be quashed and so be their side stepping/shifting from their posts. Petitioners' case is that criteria of minimum 8 in the star qualities as laid down in the 'integrity check' (criteria) is wholly perverse and contrary to the instructions contained in the ACR Form which itself mentions that grading of 7 means 'Above Average'. According to them, there is no rationale in holding an officer failing in the 'integrity check' in view of the star qualities and that too when the grade of 7 means 'Above Average'. They also admit that 'integrity check' criteria is unconnected with the concept of integrity and is wholly arbitrary and irrational. It is also their case that side stepping/shifting was without any justification and they have already held various sensitive appointments earlier.

(3.) Notice of this petition was issued to respondents and they were called upon to explain the position and the circumstances in which petitioners were posted to the post of Director (Provisioning) and Director (Contracts) and have been now ordered to be side stepped/shifted.