RAMJAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant Ramjas was enrolled in the Indian Army on 20.3.1984. He was promoted to the rank of Naik in the year 1989 and he was thereafter promoted as Havildar or 1.12.1993. The Petitioner was approved for promotion to the rank of Naib Subedar on 16.3.2005. The promotion was, however, cancelled by order dated 24.4.2005 passed by the third Respondent, Officer -in -Charge, Signal Records on the ground that the applicant was involved in Criminal Case No. 344/1989 under Sections 452/323/506/34, I.P.C. The applicant filed Writ Petition No. 15393 of 2007 (S) in the High Court at Jabalpur counter and rejoinder affidavits were exchanged in the High Court and the papers were thereafter transmitted to the Tribunal in view of the provisions of Section 34 of the Armed Forces Tribunal Act, 2007.

(2.) WE have heard Sri R. Chandra, holding brief of Sri K.C. Ghildiyal, learned Counsel for the applicant and Sri K.D. Nag, Senior Standing Counsel on behalf of the Respondents.

(3.) THE criteria for grant of promotion in matters where departmental case or a criminal case or the matter is pending investigation has been laid down in the Army Order No. 1 of 2001. As the question involved in this case turns upon the application of this Army Order, we quote the said Army Order as under: