MAJOR RADHA KRISHNA Vs. UNION OF INDIA

JUDGEMENT

(1.) ORIGINALLY this writ petition was filed by the petitioner for his promotion as Acting Lt. Col. and against his supersession by the promotion of respondent No. 12. The petitioner had also made a prayer for restraining the respondents not to initiate any administrative action against him in respect of a matter which was considered in S. B. Civil Writ Petition No. 2273/86, Major Radha Krishna vs. Union of India and others, decided on 15. 12. 1988. However, during the pendency of the writ petition an order dated, 28. 2. 1992 (Annex. 13) came to be passed by the Government of India dismissing the petitioner from service. Therefore, the petitioner made an application on 16. 3. 92 for leave to amend the writ petition. This application was accepted by the Court on 9. 4. 92 and the petitioner was allowed to assail the legality of the order dated, 28. 2. 92 and also to make a prayer for quashing of the said order dated, 28. 2. 92. Now the petitioner's prayer relate not only to quashing of the order of punishment passed against him but also for his promotion with retrospective effect and for grant of consequential benefits.

(2.) FACTS which are necessary for deciding the controversy raised in the writ petition are that the petitioner was commissioned in the Indian Army (Farms) on 15. 6. 66. He was promoted to the rank of Major on 15. 6. 79. S/shri V. P. Singh (now Lt. Col.) and Ranvir Singh (now Lt. Col.) were promoted to the rank of Major alongwith, the petitioner. The petitioner claims that his Annual Confidential Reports for the years 1982-83, 1983-84 and 1984-85 have been above average. In December 1985 a Selection Board was constituted for selection of officers for promotion to the rank of Lt. Col. in Military Farms Branch. This Selection Board examined Annual Confidential Reports of eligible officers including two years' Military Farms Command records. It is the case of the petitioner that the Selection Board recommended three officers including the petitioner and placed them in acceptable grade. By letter dated, 27. 6. 86 (Annex. l) the petitioner was informed by the Army head quarters that he has been placed in acceptable grade for promotion to the rank or A/lt. Col. and he will be promoted as and when suitable vacancy is available subject to his record of service remaining satisfactory and his remaining in acceptable medical classification. When three vacancies became available in April 1987 in the cadre of Lt. Col. (Military Farm Branch), Major V. P. Singh and Major Ranbir Singh were promoted to the rank of Acting Lt. Col. However, in the case of the petitioner an order of promotion was not issued due to a ban imposed by the Director General of Discipline and Vigilance, Army Headquarters.

(3.) THE petitioner has assailed the action of the respondents on the ground of violation of the provisions of the Army Act and the Rules framed therein as well as on the ground of arbitrariness, victimisation, malice and violation of the Rules of natural justice.