(1.) The petitioner having filed the present petition for issuance of a Writ of Certiorari for quashing the ACR, impugned in the writ petition, for the year 1991 rendered by respondent no: 4; Further for issuance of a Writ of Certiorari to quash and set aside the promotion of respondents 5 to 14 and also to quash and set aside the orders of respondents 1 to 3 whereby the statutory complaint of the petitioner has been rejected and;
(2.) While this writ petition was pending consideration before the court, it seems that on 7th October '97 the petitioner had stated at the bar that he seeks remedy/relief only against respondents 6 and 13, as such a permission was sought of the court to delete other non-official respondents except respondents 6 and 13 and said respondents seem accordingly to have been deleted. So this petition is now pending only against respondents no. 6, Major General B.B Dutta, MR 2080, DGAFMS Office, W Block, DHQ New Delhi and respondent No: 13, MR 1652 Major General R.K. Jetley, Commandant CH (EC), Calcutta, and all other non-official respondents, mentioned hereinabove, seems to have been deleted.
(3.) The grievance of the petitioner is that he being a Major General in the Indian Army was, at the time of filing of his writ petition, commanding Command Hospital, Northern Command and submits that he joined the Indian Army in the Army Medical Corps, in December' 62 after he passed his M.B.B.S. Course from Medical College Lucknow. He served various hospitals and Medical Units in Army, Navy and Air Force at different levels of Surgical Specialists. He qualified his Ms i.e. Master's Degree in General Surgery (M.S.) from Armed Forces Medical College Pune in the year 1974. He submits that while serving at different levels he has rendered his services clean and unblemished to the Nation. He has not been found quilty of any act of omission and commission or mis-conduct throughout his career. The petitioner has given details of his service career in the petition, but was constrained to file the present writ petition projecting the controversy pertaining to the period when the petitioner had been serving Senior Advisor and OIC Surgical Division, Officiating Commandant and other significant duties assigned by respondent no. 4, who was the commandant of the petitioner at the relevant time. The grievances of the petitioner is that respondent no. 4 rendered jaundice report in the ACRs of the petitioner and the said report was a result of subjectively, biasness, arbitrariness and malafides of the said initiating officer. It is further averred by the petitioner that he had on no occasion tendered any professional counseling or communicated any adverse remarks or corrective to the petitioner. He, however, gave a rating of 7' in the ACRs of the petitioner. The subjectivity attitude and the bias of respondent no. 4, who was the initiating officer of the petitioner at the relevant time, was apparent from the following instances: