S P KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has made the following prayers:-

(2.) Before I adjudicate on the, claim made by the petitioner, it will be proper to make reference to the fact that the petitioner had filed C.W.P. No. 414 of 1988, which was accepted by a learned Single Judge of this Court on 22.3.1990, but was dismissed by a Division Bench on 26.7.1991 when it allowed L.P.A. No. 900 of 1990, The Union of India and another v. Lt. Colonel S.P. Kapoor. Since the petitioner's claim is that the dismissal of his previous writ petition has no real consequence on the prayers made by him in this case, I deem it proper to quote the prayers made by the petitioner in his previous writ petition (CM .P. 414 of 1988). These prayers are :-

(3.) The claim of the petitioner for fresh consideration became fortified as from the records it becomes evident that earlier annual confidential reports had not been recorded by the reporting authorities on the basis of "objective assessment of the performance of the petitioner and that there was nothing in his service record which could be considered as a disqualification for further promotion. Resultantly, the petitioner was entitled for fresh consideration of his case for further promotion to the rank of Colonel and above.