G R VINAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these writ petitions are filed by Lieutenant Colonel G.R. Vinayak (hereinafter referred to as 'the petitioner'). The first writ petition is filed by him because he was not promoted to the post of Colonel though his name was approved for the promotion and his juniors were also promoted. He has also asked for the other relief such as quashing the order of the respondents granting special review and quashing the punishment of severe displeasure awarded to him. He has also asked for quashing of the show-cause notice dated 7.9.1992 and he has prayed that the respondents may be ordered to consider his case for promotion to various other ranks in comparison with his course-mates from the date they were so considered and grant him all other consequential reliefs.

(2.) In the second writ petition, the petitioner's prayer is for quashing of the circular dated 5.1.1989, which provides for awarding of censure to the officers and Junior Commissioned Officers as the same is illegal, unconstitutional and beyond the scope of Army Act and also quashing of the punishment of severe displeasure awarded to the petitioner by respondent No.1.

(3.) The petitioner's contention is that he can make an averment in regard to the nature of the entire report earned by him because the promotions earned by him, though he will not be in a position to know the nature of the reports. He has stated that his return for promotion to the rank of Lieutenant Colonel came during September-October, 1983. Because of his comparative merit and the nature of reports earned by him, he did not find any difficulty and accordingly, he was approved for promotion to the rank of Lieutenant Colonel on 9.2.1984 and, therefore, it can safely be averred that his reports up to the year 1983-84 were exactly upto the mark or at any rate comparable to his batch- mates.