KISHORE CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The rejection of the application of the petitioner for his promotion by the Assam Rifles is the subject matter of dispute raised in this petition filed under Article 226 of the Constitution of India.

(2.) The facts projected in this petition are that in the year 1995, the petitioner was enrolled as Lance Naik / Writer in the Assam Rifles and was accordingly posted and thereafter had served in various places of postings. In September, 2005, the petitioner while undergoing the Battle Physical Efficiency Test held in Shillong had suffered an injury. Subsequently, in the year 2014, when the time came for consideration of the promotion of the petitioner, since he was categorized to low medical category and pursuant to a representation for such consideration, vide order dtd. 3/5/2018, a Court of Inquiry (C.O.I) was convened to examine the petition. The aforesaid Court of Inquiry had accordingly given an opinion on 30/5/2018 recording the below mentioned finding:

(3.) I have heard Shri B. Pathak, learned counsel for the petitioner whereas the respondents are represented by Shri S.S. Roy, learned C.G.C.