MAJOR SURENDRA SINGH SAJWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties."

(2.) The petitioner is a Major in the Indian Army and is challenging the impugned order dated 10.6.1999 Annexure-20 to the writ petition and also the communication to the petitioner that he has not been approved for promotion to the rank of Acting Lt. Col. vide letter dated 7.9.1999 Annexure-18 to the writ petition. The petitioner has prayed that he should be promoted as Acting Lt. Col.

(3.) We have carefully perused the petition and the counter-affidavit and we have also perused the Service Dossier of the petitioner and Selection Board proceedings, which were produced before us. The petitioner appears to have a misapprehension that he has been passed over for promotion because there is adverse material against him on his dossier. We have perused the dossier and we find nothing against him. However, it often happens in the Army that even good Officers cannot be promoted because there is no vacancy on the higher post. The Army Organisation and hierarchy is like a pyramid, and the higher one goes the narrower becomes the pyramid. Hence, merely because one has been passed over, it does not mean that one is not a good Officer, but it means that in evaluation by Selection Board, other Officers have been found to be better.