LT COL KRISHAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition filed by the petitioner seeks expunction of complete confidential reports both by the initiating officer and reviewing officer of 6/86 and 6/88 and 5/89 and also challenges his non selection to the post of Colonel. The brief facts giving rise to this petition are as under:

(2.) The petitioner is a serving officer of the Indian Army. He was approved for promotion to the select rank of Lt. Col. by Selection Board No.4 in March,1989. In the year 1990 the petitioner was not detailed on Senior Command Course unlike his batch mates. This indicated that his confidential reports (for short "CR") after his selection as Lt. Colonel, being CR 5/89 and ICR 9/89, initiated by his Commanding Officer, Col. D.K.Nundy, with whom he had allegedly strained relations may have been based on his adverse subjective appraisal thereby degrading his profile. As a result of this apprehension, on December 3, 1990 the petitioner filed a non-statutory complaint before the Chief of the Army Staff. While the non- statutory complaint was pending the petitioner was considered for promotion by the Selection Board in September 1991 but he was not approved for the same. Later by a communication dated January 30, 1992 the petitioner was informed that the Chief of the Army Staff had set aside complete assessment by the initiating officer Col. Nundy for ACR 5/89 and ICR 9/89 on the ground of subjectivity. It may be mentioned that in the representation of the petitioner he had also brought to the notice of the Chief of the Army Staff the complaints of certain officers against his Commanding Officer. By a second communication of the same date viz January 30,1992 the Chief of the Army Staff directed investigation into the allegations of misappropriation of two unit generators. Yet by a third communication of the same date the petitioner was informed that the Chief of the Army staff while disposing of his non-statutory complaint remarked as follows:

(3.) After the setting aside of ACR 5/89 and ICR 9/1989, in so far as it related to the assessment of the initiating officer, the petitioner was given fresh consideration for promotion to the rank of colonel by the Selection Board in August 1992 but he was again not approved for the same. The petitioner not having been approved for promotion filed a statutory complaint to the Central Government on January 4, 1993 against his non-selection to the next higher rank and also called in question the ACR of 6/86,6/88 and also ACR of 5/1989 recorded by the reviewing officer Brig. K.C.Dhingra. Before the statutory complaint was disposed of by the Central Government the petitioner was again considered by a Selection Board in May 1993 but he was not approved for promotion to the rank of Colonel. On October 27,1993 the Central Government rejected the statutory complaint. This was followed by yet another consideration,the fourth one, by the Selection Board but the petitioner was again not approved for promotion. In these circumstances aggrieved by the non approval for promotion and the rejection of the statutory complaint the petitioner has come to this court by way of this writ petition.