COLONEL NARENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing this writ petition the petitioner has sought for an order for quashing and setting aside confidential reports of the petitioner for the period June 1990 to May 1991 and May 1993 to September 1993 as also the proceedings of the Selection Boards held in 2000,2001 and 2002 for promotion to the rank of Brigadier.

(2.) The respondents have raised a preliminary objection regarding the maintainability of the writ petition. It was submitted that this writ petition is required to be dismissed on the ground of inordinate delay and laches as challenge is made to annual confidential reports of the petitioner given for the period June 1990 to May 1991 and May 1993 to September 1993 after a lapse of more than 12 years from the date of accrual of the cause of action. It is also submitted that even the statutory complaint assailing the said confidential reports was filed after a delay of about four years. Whereas the order rejecting the statutory complaint was passed on 27th of September, 1996, and the writ petition was filed only in March, 2005.

(3.) We have heard learned Counsel for the petitioner, who submitted that after disposal of the statutory complaint a fresh cause of action has arisen in favour of the petitioner and, therefore, the date of accrual of the cause of action should be considered as 27th of September, 1996. It is also submitted that since in the Selection Boards the petitioner could not be promoted in view of the adverse remarks contained in the confidential reports for the aforesaid years, therefore, cause of action should be considered to have accrued after results have been announced in respect of the Selection Boards held in 2000, 2001 and 2002.