LT. COL. BALBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has invoked the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution, for seeking the issuance of a writ of mandamus against the Union of India through the Secretary, Ministry of Defence, and the Chief of the Army Staff, respondents Nos. 1 and 2 respectively, for promoting the petitioner to the rank of Colonel retrospectively with effect from the date his juniors were promoted.

(2.) The petitioner joined the Indian Army and got his Commission in 1963. In due course of time, he was promoted to the higher ranks and in 1985 he was placed in an acceptable grade for promotion to the rank of Acting Colonel. However, at the time of consideration of his case for promotion, it transpired that the petitioner was involved in a disciplinary case while performing the duties of Commanding Officer. He was awarded severe displeasure (recordable) by the General Officer Commanding-in-Charge, Central Command, Lucknow, for failing to exercise proper control over his subordinates. He was also asked to pay Rs. 5,000.00, along with others blamed in the inquiry, to make good the loss suffered by the State because he was also found wanting in exercise of proper control with regard to financial transactions in the Unit. Aggrieved against the same, the petitioner submitted a statutory complaint against the award of General Officer Commanding-in-Charge, Central Command, on 12th Jan., 1984. The Chief of the Army Staff set aside the aforesaid punishment on 29th Oct., 1984, on technical grounds, that is, non-issuance of the show cause notice to the petitioner before awarding the punishment of censure. Thereafter, the petitioner was given a special review for promotion and upon consideration was graded as unfit. Against that, the petitioner submitted a statutory complaint to the Central Government on 17th June, 1986. The same was rejected on 31st July, 1987. It is under these circumstances that promotion to the higher rank is sought by the petitioner by resorting to the proceedings under Art. 226 of the Constitution.

(3.) Having heard the learned counsel for the petitioner and after going through the record of the case at length. I do not consider it a fit case at all in which writ of mandamus can be issued to the respondents for promoting the petitioner to the higher rank. The case of the petitioner has already been considered but unfortunately he has not been able to make the grade. The Central Government has already considered the matter by rejecting the statutory complaint.