SAMEER RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Initiation and recording of confidential rolls and denial of promotion on that basis is the subject matter of grievance in this writ petition. The petitioner is a member of the Indian army and is holding the rank of Major and aspires for his promotion to the rank of Lieutenant Colonel. The annual Confidential Rolls (ACRs) in question are for the periods 1992-93 and 1994-95. The petitioner who was also aggrieved by initiation and recording of ACRS for the year 1993-94 got redressal in respect of the same through departmental remedies available for him under the rules. However, the grievance made in respect of the ACRs for the period 1992-93 and 1994- 95 by way of exhausting D epartmental Channel did not yield any result. His case for promotion to the rank of Lieutenant Colonel was considered taking into account the said ACRs and thereafter again upon rendering the ACR for the period 1993-94 as technically invalid upon e ntertaining his s tatutory complaint. Such considerations were made in February, 1996, September, 1997 and in August/September 1998. On all the occasions, he was not approved for such promotion. Hence, this writ petition making a prayer for setting aside and quashing the ACRs for the years 1992-93 and 1994-95 and for a direction to reconsider the case of promotion of the petitioner.

(2.) Adverting to the facts of the case, a Court of Inquiry was ordered against the petitioner on 10/4/1993 on the ground of shortage of a Rifle during his temporary tenure as Company Commander of a Battalion. Accordingly, the Court of Inquiry was held to investigate the circumstances under which the Rifle was lost. The proceedings of the Court of Inquiry was placed before the General Officer commanding on 13.4.1994 who directed that administrative action be taken against the petitioner. Thereafter, a show cause notice was issued to the petitioner on 19.9.94 as to why administrative action should not be taken against him for the purported lapse on his part. The petitioner submitted his reply on 15.10.94 explaining the circumstances towards exonerating him from the proposed administrative action. The petitioner, however was awarded with a non- recordable censure by order dated 26.10.94.

(3.) Amidst the aforesaid proceeding against the petitioner, his case for promotion to the rank of Lieutenant Colonel was considered by the Selection Board in February, 1996 and was not cleared for such promotion. It was the apprehension of the petitioner that his ACRs for the aforesaid three years i.e. 1992- 93,1993-94 and 1994-95 might have been responsible for his not making to the grade. Being aggrieved, the petitioner made a Non- Statutory complaint on 6.5.1996 praying for setting aside the said ACRs and to consider his case for promotion afresh by the Selection Board, which, however was rejected as communicated by letter dated 27.9.96. The petitioner's case for promotion was again considered by the Selection Board in September, 1997, but was again rejected. Being aggrieved by such rejection and also rejection of his Non-Statutory complaint, the petitioner lodged a Statutory complaint dated 23.9.97 which yielded partial relief to the petitioner by way of setting aside of the ACRs for the year 1993-94 on technical ground. However, there was no redressal in respect of the other parts of the grievance as was raised in the Statutory complaint. The petitioner's case for promotion was again considered on that basis by the Selection Board in August/September, 1 998 as a Special Review case, but was not approved for such promotion. It was at this stage, the writ petition was filed.