V K PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed against the impugned punishment of reprimand passed on 17th March. 1992 by the GOC. UP Area for rte offence of "An Omission Prejudicial To Good Order and Military Discipline" allegedly committed by the petitioner when he was Garrison Engineer, at Air Force Station. Agra between November, 1986 and October. 1989. The petitioner has also prayed for quashing of the order dated 16.11.93, Anncxure-4 to the petition rejecting the statutory complaint against the reprimand. He has also prayed for a writ of certiorari to quash the order rejecting his statutory complaint against non-promotion vide order dated 1.6.94. Annexure-6. He has prayed for an order directing respondents to promote him to the post of Lt. Col (Selection Grade). Colonel and Brigadier with retrospective effect from the date from which his Juniors were promoted.

(2.) Heard learned Counsel for the parties.

(3.) The petitioner is a 1973 Batch Corps of Engineers Officers commissioned in the Indian Army on 17.6.73. At present the petitioner is a Time Scale Lt. Col. with effect from 1994, which is considered as a Major for all purposes including rank pay. 3-A. A Selection Board for 1973 Batch Officers of the Corps of Engineers was held in May, 1992, for promotion to Lt. Col. (Selection Grade) and the result was declared on 4.6.92 and it is alleged that the petitioner was found suitable for promotion vide order dated 20.7.92 Annexure-2 to the petition. However, he was not promoted to the rank of Lt. Col. (Selection Grade), when his turn came for promotion, whereas Officers Junior to him were promoted. Instead, the petitioner was put through a Special Review Board, in February, 1993, on account of the alleged punishment of reprimand awarded in March, 1992 by the G.O.U., U.P. Area in March, 1992. The petitioner made a representation against the award of reprimand by filing a statutory complaint under Section 27 of the Army Act to the Government of India vide Annexure-3 but the same was rejected on 16.11.93, vide Annexure-4. He also made a statutory complaint to the Government of India on 23.12.93 against his non-promotion to Lt. Col. (Selection Grade) vide Annexure-5 but that was also rejected on 1.6.1994 vide Annexure-6. The petitioner filed two writ petitions before the Punjab and Haryana High Court and it is stated in Para 11 of the petition that these petitions were kept pending for about 8 years and intimately decided by a common judgment dated 28.4.2003 vide Annexure-7. It was held by the Punjab and Haryana High Court that it docs not have jurisdiction in the matter and the petitioner may approach the Allahabad High Court as he was posted in U.P. at the relevant time. Hence, the petitioner approached this Court.