J L JAGGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is working as Group Captain in the Indian Air Force, was to be considered for promotion to the rank of Air Commodore in the year 1995. The petitioner submitted a statutory complaint which was rejected by order dated 28.3.1998 and 'hence the petitioner has brought this petition claiming the following reliefs:-

(2.) The petitioner has set out his excellent performance in his career and the Selection Board had not considered his case in proper perspective and there was absolutely no rhyme or reason for not empanelling the petitioner for promotion to the rank of Air Commodore. And the Promotion Board which met in 1995 had cleared the names of Group Captain M.P. Sanyal and Group Captain P.K. Pradhan, who were juniors to the petitioner. According to the petitioner, there were no adverse remarks against him in the ACRs and the respondents never communicated to him that he had any adverse remarks against him. In the counter filed by respondents 1 to 3, it is stated that the petitioner was considered for promotion by Promotion Board PB-1/95, PB-1/96 and PB-1/97 but was not cleared and, therefore, he was not empanelled for promotion to the rank of Air Commodore. The petitioner filed his rejoinder and he has also filed, what is called the transit cover and instructions for completion of appraisal report form No. P-57-B wherein instructions have been given as to how the Initiating Officer has to record his views in the ACRs for the officer concerned.

(3.) While rejecting the statutory complaint, the Directorate of Personnel (Officers) had said:-