NB SUB VINOD KUMAR Vs. UOI

JUDGEMENT

(1.) The petitioner joined the Education Corps of the Indian Army as a Havildar (Instructor) on 31st January, 1977. He was on 19th February, 1991 tried summarily for an offence punishable under Section 41(2) of the Army Act and awarded a "Severe Reprimand". In terms of instructions issued by the Army Headquarter, a copy whereof has been produced by the petitioner as Annexure P1, any person punished pursuant to a Court Martial stands disqualified permanently from picking up the next higher rank. In the case of those tried summarily, the denial of promotion is limited to a period of three years only.

(2.) The petitioner's case is that on account of the punishment awarded to him as also the instructions referred to above, his promotion to the next higher rank of Naib Subedar was delayed. As against 1.10.1996, when he first became eligible for such promotion, he was actually promoted as Naib Subedar on 10th December, 2001. His further case is that the punishment awarded to the petitioner was eventually set aside on a review by the OIC records in terms of Section 87 and 88 (b) of the Army Act read with para 442 of the Regulations for the Army. That reads :-

(3.) The petitioner has in the above backdrop sought a mandamus directing the respondents to promote him to the next higher rank of Naib Subedar retrospectively from the date he had become eligible for such promotion.