MAJOR AMRIK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner in the instant writ application has challenged the orders dated 15.5.90 (Annexure-11) and 30.4.91 (Annexure-13) by reason of which promotion of the Petitioner to the rank of Lieutenant Colonel by selection has been refused taking into consideration the Annual Confidential Report (hereinafter referred to as 'A.C.R.' in short) for the year 1985-86. Prayer has also been made to quash the order dated 15.3.87 (Annexure-5) and order dated January, 1989 and communication thereto dated 3.2.89 (Annexure-6) by and under which the Non-Statutory and Statutory complaints filed by the Petitioner were rejected. Further prayer has been made to quash the order dated 4.1.90 (Annexure-7) passed by the Government of India, Ministry of Defence rejecting the Statutory Petition filed by the Petitioner. In addition to all these prayers, further prayer has been made to issue a writ of Mandamus commanding the Respondents to consider and promote the Petitioner to the rank of Lieutenant Colonel by selection.

(2.) The relevant facts for deciding the issue in question lie in a narrow compass.

(3.) Petitioner was commissioned as an Officer in 8th Battalion of the Bihar Regiment on 31.3.72 in which he continued to serve in the aforesaid Battalion till 22.12.76. During the car 1975, the Petitioner was rated as "Above Average" and placed as "Hard Core Officer" of the said Unit. In 1976, some adverse report was entered into in his A.C.R. and that was communicated to him on 4.1.77. Petitioner did not file any representation against the same taking the same at the very initial stage of his service career and as advised by his Senior Officers. After the said adverse entry by his Commanding Officer, Petitioner became more dedicated and he qualified on Defence Service Staff Course by competition and the A.C.R. upto 31st May, 1991 bear testimony of these facts. During January, 1984 to November, 1984 the Petitioner qualified on the staff course and was posted to 1st Battalion of the Bihar Regiment in November, 1984 and was posted at Nagaland with specific endorsement in the posting order "posted in career interest without change of panel". The Petitioner took over Wangti post from 8th Battalion of the Assam Rifles on 22.12.85 and in the first week of January, 1986, Brigadier G.B. Reddi assumed the command of 56 Mountain Brigade.