MAJOR TPS KANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court, the petitioner through this petition has prayed for number of reliefs but has confined the prayer for quashment of the ACRs contained in Annexure P-3, for all other reliefs are absolutely dependent on the same.

(2.) THE facts have been narrated in great detail in the petition. The petitioner, who is the Lieutenant Colonel (in Time Scale), has faced the dejection of non-promotion to the post of Lieutenant Colonel (Selection Grade ). Such a situation has come into being, as has been put forth in the petition, as there has been improper consideration of his case on the backdrop of certain ACRs, which have no legs to stand upon. In essence, in the absence of such ACRs, or in the event of annulment of such ACRs, the petitioner has extremely a bright chance to be considered in proper perspective by the Selection Board for the promotional post, namely, Lieutenant Colonel (Selection Grade ). This being the expose of facts, I proceed to advert to the controversy in issue.

(3.) ACRS, which are creating impediment on the path of the petitioner for getting promotion to the Selection Grade, can be categorized into three spells, namely, 16-9-92 to 10-1-1993, 11-1-1993 to 31-5-1993m and 1-6-1993 to 31-5-1994. It is worthwhile to note that the petitioner did not accept the aforesaid ACRs lying low but made non-statutory complaints to the respondent No. 2, the Chief of Army Staff who, as far as these spells are concerned, expunged the report of the initiating officer with respect to CR 06/93-05/94 but confirmed all other aspects in respect of all other spells. Being aggrieved, the petitioner preferred a statutory appeal to the Union of India, which has been rejected vide Annexure P-14, dated 5-1-2001.