NB. SUB. UTTAM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was appointed Naib Subedar in the year 1980. He has been superseded for promotion to the post of Subedar. The promotions are based on the Rules (Exhibit -A) which classifies the criteria for promotion of J. C. Os. and N. C. Os. The relevant Rule in the instant case is Rule 4 (c), which is quoted below:

(2.) ON perusal of the data given in paragraph -5 of the Return, it is found that the petitioner has not been recommended for promotion in the last three years i.e. he has been recommended in the year 1982 and 1983 and not in the year 1984, as such, the petitioner has been superseded. He is graded as 'Above Average' i.e. 4 points in the years 1982 and 1983 but not in the year 1984 as the Initiating Officer has given four marks but not the Reviewing Officer who has given two marks to him.

(3.) HAVING considered the submission made by the learned counsel for the petitioner, it is not possible to hold that the allegations of mala fides as spelled out are enough. They are vague and are not substantiated by material on record.