COLLECTOR A K MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was working as Colonel, was approved for promotion to the rank of Acting Brigadier by the respondents on the 15th of November, 1995. On the 30th of July, 1997, the petitioner was posted as Deputy Director General (TA), Territorial Army Directorate, Army Headquarters, New Delhi in the local rank of Brigadier w.e.f. 1/12/1997. On the 1/12/1997, the petitioner assumed charge of his promoted rank of Acting Brigadier. On the 3/12/1997, the order promoting the petitioner to the rank of Acting Brigadier was kept in abeyance. On the 22/12/1997, the General Officer Commanding-in-Chief, Northern Command passed a censure order. The same reads as under:-

(2.) On the 2/1/1998, the order promoting the petitioner to the rank of Acting Brigadier was cancelled. This is the order that is challenged by the petitioner.

(3.) The learned counsel for the petitioner, Mr.Chandra Kumar, vehemently contended that once the petitioner was approved for being promoted to the rank of Acting Brigadier, which was in 1995, that must take him to the logical end and his position as Acting Brigadier cannot be disturbed by the respondents on the basis of what had happened subsequent to the approval of the petitioner being promoted to the rank of Acting Brigadier.