O.A. No. 199/2009. Case: Brig. Abhay Kumar Vs Union of India (UOI) and Ors.. Armed Forces Tribunal

Case NumberO.A. No. 199/2009
CounselFor Appellant: Karan Singh Bhati, Adv. and For Respondents: R. Balasubramanium, Adv.
JudgesA.K. Mathur, J. (Chairperson) and M.L. Naidu, Member
Judgement DateMay 11, 2010
CourtArmed Forces Tribunal


A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member, (Principal Bench, New Delhi)

  1. The petitioner vide his application has prayed to set aside the orders dated 24th November, 2008 and 15th January, 2009 rejecting the Statutory Complaint and Non-Statutory Complaint respectively. He further seeks setting aside the ICR initiated by Respondent No. 3, covering the period 01st July, 2006 to 23rd December, 2006. Also, to consider the petitioner as a fresh case in the promotion board to Maj. Gen. and other consequential benefits thereof.

  2. The petitioner filed an amended application on 23rd March, 2010, which was allowed.

  3. Since the service on Respondent No. 3 was not complete, learned Counsel for the petitioner submitted that Respondent No. 3 may be dropped from the array of respondents. The request, accordingly, was allowed.

  4. Brief facts of the case are as follows. The petitioner was commissioned into the Regiment of Artillery on 21st December, 1975. During his career, he underwent all the mandatory and necessary courses. He also acquired several academic qualifications. Consequently, he tenanted several important command and staff appointments. He was tasked to raise a new Unit which was under the Strategic Forces Command. He was further tasked to once again command the same Regiment after attending the long Defence Management Course.

  5. He was promoted as a Brigadier in 2004. He was simultaneously selected for "General Cadre?. Consequently, he was assigned the challenging Brigade in Tawang. He excelled in his assignment and after completing his tenure was posted as Deputy Director General (Staff Duties) (DDGSD-A) in June, 2006.

  6. It was expected that the petitioner will be detailed to attend the National Defence College (NDC) course in January, 2007. However, his name did not figure in the list. Therefore, he was posted out to another prestigious assignment as Commandant, Defence Image Processing Analysis Centre (DIPAC) on 26th December, 2006.

  7. Consequent to his posting, he became due for an Interim Confidential Report (ICR), the form for which he forwarded to the Reviewing Officer (RO) on 18th April, 2007 after receiving the sanction from the MS Branch on behalf of the Superior Reviewing Officer (SRO) dated 23rd March, 2007, stating that RO should initiate the ICR.

  8. Despite the sanction by the SRO, the petitioner was assessed in the ICR by both i.e. Initiating Officer (IO) and RO. He submitted a Non-Statutory Complaint and a Statutory complaint. Both of these were rejected. Hence present petition.

  9. We have heard both the learned Counsels for parties.

  10. ...

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