LT COL BHARAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Review Petition has been preferred under Sec. 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter "CPC ") seeking review of the judgment dtd. 16/5/2026 passed by this Court in W.P.(C) 14626/2024, whereby the writ petition preferred by the Petitioner/Lt. Col. Bharat Singh challenging the validity his Confidential Reports for the years 2010 and 2011, was dismissed.

(2.) Vide the above judgment under review, this Court, while keeping in mind the limited scope of judicial review under Article 226 and 227 of the Constitution of India, upheld the Judgment dtd. 26/7/2024 passed by the learned Armed Forces Tribunal while observing that when the Tribunal, consisting of a panel of domain experts, has adopted a plausible view after considering the rival contentions and the material on record, this Court, in exercise of its supervisory jurisdiction, cannot re-appreciate the evidence or substitute its own conclusions merely because another view is possible. The core observations and reasoning can be summarized as under: -

(3.) Now, the Review Petitioner, appearing in person, has urged that the judgment under review warrants reconsideration on the ground that this Court has erred in holding the CRs for the year 2010 valid when the same was violative of Para 16(c) of Army Order 45/2001/MS as the appointments reflected in the relevant records (namely the appointment against which the Petitioner was posted; the appointment for which the CRs were initiated and the appointment reflected in IAFF-3008) did not correspond with each other.