ASHOK MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17.10.1996, passed by the learned Single Judge in C.W.J.C. no. 11185 of 1996 recalling the order dated 9.4.1996 and dismissing the writ petition for want of jurisdiction.

(2.) IN the writ application the grievence of the appellant was as against his super -session in the rank of Major General after rejection of his statutory complaint by the Central Government. The learned Single Judge, vide order dated 9.4.1996 found the grievance of the appellant to be legitimate, as there was nothing on record to indicate that the Central Government had considered his grievence as regards the A.C.R. for the period 1.9.91 to 20.3.92 and delayed A.C.R. for the period 21.3.92 to 15.7.92 and directed the Central Government in the Ministry of Defence to consider the statutory complaint as regards the relief claimed in its paragraph no. 13 (a) and communicate the decision in accordance with rules to the appellant within four weeks from the date of receipt of a copy of the said orders. The Central Government communicated its decision vide order dated 10.5.1996 (Annexure -13 to the writ petition) rejecting the petitioner appellant's statutory complaint. The validity of the said order was also challenged by filing an amendment petition, which was allowed vide order dated 21.5.96. However finally the writ was dismissed by the impugned order as not maintainable for want of jurisdiction.

(3.) THIS appeal was heard for admission on several dates and vide order dated 26.2.97 was admitted and fixed for its listing for hearing on 26th March, 1997 as first case subject to part -heard. On 9.4.97 this matter was heard and on the request of the learned Counsel for the respondents this Court directed for its listing for further hearing on 21st April, 1997. Meanwhile it was directed that the case of the appellant for promotion on the post of Maj. General will be considered by no. 1 Selection Board in its next meeting scheduled on 14th to 20th April, 1977 ignoring the DVBan and contemplated censure pursuant to impugned notice to show cause and the A.C.R. for 1988 -89 and Receiving Officer Assessment ICR covering the period 1.9.91 to 20.3.92, which are under consideration in this case. This Court further directed that the retirement, if any, of the appellant shall be subject to result of this appeal.