AVTAR SINGH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This is a case where an officer of the Indian Army, in the rank of Colonel once having been found fit for promotion to the higher rank of Brigadier, but not having actually been promoted to the said higher rank, was subsequently denied the benefit of such promotion on the ground that he had deteriorated in the continued satisfactory performance subsequently. The sufferance in the continued satisfactory performance was directly relatable and squarely attributable to the Petitioner having earned, in the meanwhile, adverse assessment reports from his superior officers because of an unexpected turn of events having taken place during 'special review'.

(2.) As is noticed, the Petitioner was approved for promotion to the acting rank of Brigadier in September, 1997 and such approval was conveyed to him on 2nd January, 1998, 'Operation Vijay' soon thereafter came into being because of the occurrence of what is commonly known as 'Kargil War'. Apparently, Kargil War lasted between May, 1999 and July, 1999. Unfortunately for the Petitioner, he being posted in the area covered by the War during this period, had been performing his duties in the theatre of Operation relating to Kargil War. After the War was over, Battle Performance Report with respect to such officers, who had taken part in the War, was initiated covering the period of War between 8th May, 1999 and 26th July, 1999. In the Battle Performance Report apparently the Petitioner suffered some adverse comments from his two superior officers.

(3.) Brig. A.K. Duggal, who was the next superior officer of the Petitioner, in his assessment as the Petitioner's Initiating Officer of Battle Performance Report (BPR) gave the following remarks. We quote: