A K SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by the petitioner for restoration of his notional seniority in terms of the Army Order No. 20/81 to the rank of Naib Subedar after quashing the order dated 18th October, 2001 passed by the respondents.

(2.) The petitioner was enrolled in the Indian Army on 25th March, 1987. While on leave, the petitioner was implicated in a murder case under Section 302 and Section 34, IPC in the month of June 1992. Around the same time, the cases of batch-mates of the petitioner as also of the petitioner were considered for promotion to the rank of Naik. As a criminal case was pending against the petitioner at the relevant time, the petitioner was not given promotion to the rank of Naik but some of his batch-mates were promoted to the said rank of Naik.

(3.) By a letter dated 25th January, 1996, a clarification was issued that since the petitioner is involved in a criminal case registered under Sections 302/34 IPC, he is not eligible for promotion to the rank of Naik till finalisation of the case a$ per instructions contained in para 3 (a)(iii) of AO 21/81. It is, however, stated in the said communication that the petitioner shall, however, be entitled to get notional seniority for the promotion purpose if he is acquitted of the offence by the Court. The petitioner was acquitted by the Additional Sessions Judge in the aforesaid criminal case, which was registered against him and judgment was rendered to this effect by the trial Court on 3rd May, 2001.