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OA 304/2012. Case: Brig Ajay Singh Panwar Vs Union of India & Ors.. Armed Forces Tribunal

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Case Number:OA 304/2012
Party Name:Brig Ajay Singh Panwar Vs Union of India & Ors.
Counsel:For Appellant: Mr. S.S. Pandey, Advocate and For Respondents: Mr. Ankur Chhibber, Advocate for R-1 to R-4
Judges:A.K. Mathur, J. (Chairperson) and S.S. Dhillon, Member
Issue:Army Act, 1950 - Section 27
Judgement Date:July 01, 2013
Court:Armed Forces Tribunal

Order:

(Principal Bench At New Delhi)

  1. The petitioner vide this petition prays that the records pertaining to the impugned orders dated 23.08.2012, 16.08.2012 as well as 17.12.2012 may be called along with the orders setting aside the relief granted to the applicant vide order dated 03.6.2012 whereby declaring the Statutory Complaint dated 07.12.2011 of the applicant as untenable; as well as promoting any other officers in place of the applicant and thereafter quash the same along with the Para 108 of the Regulations for the Army for being illegal, arbitrary and unconstitutional. He has also prayed that the record of Selection Board proceedings held October 2011 may be called and selection made thereon be approved, for promotion to the post of Major General, and quash all subsequent orders which have been issued by the Respondents to disapprove such recommendations of the Selection Board. The petitioner was granted permanent commission in the Indian Army in the Rajput Regiment of the Corps of Infantry on 09.06.1979 after completing his training successfully from the National Defence Academy and Indian Military Academy where he stood 9th position in the overall passing out merit position thereby joining the exclusive top ten super block while passing out from IMA out of approximately 300 gentlemen candidates who passed out along with the applicant. The applicant had an option to choose the Arm or Service as per his discretion and he opted for and was commissioned in the Rajput Regiment of the Corps Infantry. The applicant continued to perform well in his career which was apparent from the top grading in various professional army courses which included 'Qualified for Instructor' in Commando Training and 'A' Instructor in Junior Command course and Qualified Instructor in Senior Command Course, which is given to very few officers based on their exceptional performance. The petitioner, because of his merit, has also been sent to UK to the Army Staff College, Camberley in 1989. He has put in more than 30 years of service, hard work and devotion to duty and rose to the rank of Brigadier. He has also been given other commendations like Vishisht Seva Medal for his distinguished service. The applicant was posted to 2 Rajput under HQ 12 Infantry Division commanded by Maj Gen RG Nadkarni, and at that time put up a Statutory Complaint dated 21.06.2000 in view of certain unpleasant events which had led to a situation giving applicant firm grounds to believe that the said officer reviewing the CR of the applicant covering the period from 15.12.1998 to 31.08.1999 and 01.09.1999 to 08.04.2000 had not assessed the applicant fairly. His apprehension was vindicated when applicant was given relief in the Statutory Complaint by the Respondent No. 1 in the CR for December 1998 to August 1999 by removing the assessment of the RO in as many as three attributes by the order dated 28.02.2002. Thereafter, he filed another Statutory Complaint on 07.02.2011 against some ACRs...

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