HAV. SURINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to an order passed by the Armed Forces Tribunal on 14.08.2012 (Annexure P-3) whereby the claim of the petitioner for promotion as Naib Subedar (Junior Commissioned Officer-for short "JCO") remained unsuccessful. The petitioner is serving as X-ray Assistant in Armed Medical Corps (AMC) in the rank of Havildar (Non Commissioned Officer-for short "NCO"). The criteria for promotion is detailed in the circular dated 10.10.1997 appended with the reply of the respondent filed before the Armed Forces Tribunal. Clause 3(f) of such criteria contemplate that an individual will not be considered for promotion within one year of the award of red ink entry/recordable censure, as the case may be. Clause 6 of the said circular in respect of promotion reads as under:--

(2.) Exception. ACR criteria for promotion to the rank of Nb Sub of remustered categories of RHM (AISG/TISFC) of Arty/AD Arty, HMT of EME as well as Directly Enrolled Havs will be as follows :--

(3.) The grievance of the petitioner is that initiating Officer has given 'Above Average' report to the petitioner for the year 2009 but same was down-graded to 'Average' by the Reviewing Officer and maintained by Senior Reviewing Officer. It is contended that such down-grading is without any material. Such report adversely affects the promotion chances of the petitioner and is also contrary to Para 44, 45 and 46 of the Army Order No. 1/2002/MP, and thus cannot be taken into consideration.