COMMANDER S P CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner joined Indian Navy as Direct Entry Commissioned Officer in supply and Security Branch on 2. 5. 1977. On completion of training, he joined ins Amba for supply duties in June 1978. In November 1978, he opted for execution Branch of Navy on merger of Supply and Security branch with "x" branch. He was promoted from time to time and reached the level of Lt. Commander. Next promotion is to the rank of Commander, for which he was considered in May 1993 but was spared promotion. Thereby, he preferred statutory representation to the Navy Headquarters (for short, "nhq"), against the respondents for overlooking him for promotion, which was turned down on 2. 12. 1993. He made another statutory representation through proper channel to the Ministry of Defence (for short, "mod"), which was ultimately decided in his favour vide orders dated 18. 10. 1994 MOD directing review of PARBing. This was done and vide order dated 6. 3. 1996 the petitioner was promoted to the rank of commander with anti-date seniority from 1. 1. 1994.

(2.) THE petitioner again became eligible for consideration for promotion to the rank of Captain. After considering the case of the petitioner, the NHQ again denied him promotion. It is against this denial that the petitioner has come up to this Court by means of the present writ petition.

(3.) AS per the averments made in the petition, the petitioner is overlooked for promotion because the NHQ did not like his approaching the MOD on earlier occasion and he is considered as a "marked Man" by the NHQ. It is stated in the petition that the petitioner had again made statutory representation to the MOD and on 15. 11. 2001 MOD had given orders in favour of the petitioner on review of the power being carried out by the NHQ, but the NHQ did not comply with those orders. The petitioner had again made statutory representation on 4. 9. 2003. It is alleged that this representation was again decided in favour of the petitioner as the MOD had directed NHQ to promote the petitioner in August 2003, but thereafter on 10. 11. 2003 the MOD had turned down the petitioner"s plea due to sustained pressure of NHQ.