MAJOR JASJIT SINGH AHLUWALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is holding the Rank of Major in the Indian Army since December, I960 He submits that he has been hardworking, capable, result oriented, conscientious, dedicated and honest officer throughout his career, so he has always been reported as an above average officer He refers to Annexure -A containing number of entries appreciating and highlighting his work and conduct by various officers with whom he had occasion to work. Therefore, on the basis of his above average profile, he merited promotion to the Rank of Lieutenan tColonel (Selection Grade) as well as Lt Col. (time -scale). He had also passed all promotion examinations from Part -A to Part -D within the prescribed period which display his professional knowledge, competence and dedication to service. He has served in 12 different units and with rare privilege of commanding seven units and earned laudatory commendations from his superiors for his dedication to duty (Annexure -B). Apart from this, he did not lag behind in displaying his valour and one such occasion, as reported in the newspaper Jugantra under caption "well done Major" when he had an encounter with a smuggler from whom he not only snatched goods worth over one lakh but also handed over the smuggler to Police Station Sealdah (Annexure -C).

(2.) On June 25, 1973, the petitioner, while serving with 519 ASC Bn, reported a case of moral turpitude against four officers, including his Commanding Officer to GOC 1 Inf. Division. These four officers were found guilty and punished by GOC -XV Corps during K74 Subsequently, in pursuance of petitioners D O number 15259/7/P/ST -2, dated March 1/, 1974, written to Lieutenant General H S Chopra, AVSM , Director of Supplies and Transport, Army Headquarters, New Delhi (Annexure -D), the GOC -XV Corps handed over the said case to CBI. for further probe, but despite this, the GOC -XV Corps also awarded "Severe Displeasure (to be recorded)" to the petitioner for reporting the false case against the said officers. Against this, the petitioner submitted statutory complaint to the Government of India under section 27 of the Army Act and Lieutenant General M. L. Chibber, GOC -ia -C, Northern Command, declared it illegal and directed the cancellation thereof on 21 -8 -1983. However, despite this cancellation, this entry was taken into consideration while processing his case for promotion to the Rank of Lieutenant Colonel (Selection Grade) during 1979, 1980 and 1982, as a result of which the petitioner was not selected.

(3.) During 1975 -76, while the petitioner was Officer Commanding, Vehicle Company ASC. Centre, Banglore, Colonel Onkar Singh, then Commandant of ASC. Centre, Banglore, was the Commanding Officer of the petitioner. He appreciated the work of the petitioner during this period and sent communication through his D. O letter No, 4194/i/ASC, dated December 11, 1975 (Annexure -E). Unfortunately, Lieutenant Colonel, B S Dunn, Deputy Commandant of ASC. Centre, due to vengeance, illegally initiated the ACR. of the petitioner for the year 1975 -76 without the petitioners knowledge. This act of Lt. Col B S. Dunn was illegal since he had no jurisdiction to do so, but the higher authorities also did not act with promptitude to set -aside the same and the result was that this was placed on the service profile of the petitioner maintained by the Military secretary, AHQ., Delhi.