YATISH CHANDRA MISHRA (COL ) Vs. UNION OF INDIA

JUDGEMENT

(1.) PROMOTION to the post of Brigadier made by the Promotion Board Medical No. 2 held on 2nd February, 2007, which resulted in exclusion of the petitioner, is subject matter of challenge in this writ petition. In order to appreciate the controversy, the backdrop of the case is enumerated herein below:

(2.) IN the month of December, 2005, a Regular Selection Board was held to consider all the eligible candidates for one available vacancy of Brigadier existing in the Army Dental Corps. The petitioner was also considered but was not selected by the Board. Non -statutory complaint came to be filed by him on 8.6.2006 in terms of para 364 of Regulations for the Army 1987, and para 79 of the Special Army Order 8/S/91.

(3.) IN the complaint, stress was laid by the petitioner for reviewing the low gradings of ACRs, if any, awarded to him, which were not in consonance with the actual performance of the petitioner. It specifically prayed for removing the aberrations in reporting by any Senior/ Higher Technical Officer by comparing it with the grading awarded by Initiating Officer and First Technical Officer. It is to be noted that the respondent no. 5 and 6 were also not considered by the Selection Board.