LT. COL. YOGENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Lieutenant Colonel in the Indian Army, claims that he has not been considered for promotion to the rank of Acting Colonel in accordance with law. This claim has not only been controverted in the written statement filed by the respondents, but is also belied by the record produced by Mr. Ashutosh Mohunta, learned counsel for the respondents. A few facts relevant for the decision of the case may be noticed.

(2.) The petitioner was commissioned in the Indian Army in the year 1963. It is averred that he was promoted to the rank of substantive Lt. Col. in the year 1983. The petitioner alleges that the "Initiating Officer somehow became inimical towards the petitioner" and recorded unsatisfactory annual confidential report for the year 1985-86. Vide order dated July 20, 1987 a copy of which has been produced as Annexure P-1, the report was set aside. It is further averred that the petitioner's name was being considered for promotion as substantive Colonel. As a result of the adverse report for the year 1985-86, the petitioner was not approved for promotion. It is further alleged that the officer who had given an adverse report to the petitioner for the year 1985-86 also initiated his report for the year 1986-87. The petitioner's representation (statutory complaint) against this report was partially accepted and the assessment of the Initiating Officer in respect of the petitioner was expunged vide order a copy of which has been produced as Annexure P-7.

(3.) The petitioner avers that he filed CWP No. 5023 of 1989 during the pendency of his representation. This writ petition was disposed by the Motion Bench vide order dated July 18, 1989 with the following observations:-