O.A. No. 357/2012. Case: Brig K.S. Chauhan Vs Union of India & Ors.. Armed Forces Tribunal

Case Number:O.A. No. 357/2012
Party Name:Brig K.S. Chauhan Vs Union of India & Ors.
Counsel:For Appellant: Mr. S.S. Pandey, Advocate and For Respondents: Ms. Shilpa Singh, Advocate
Judges:Mr. A.K. Mathur, Chairperson and Lt. Gen. M.L. Naidu, Member
Issue:Service Law
Judgement Date:December 18, 2012
Court:Armed Forces Tribunal
 
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Order:

(Principal Bench At New Delhi)

  1. The petitioner by this petition has prayed that the record of the Selection Board may be called and respondents may be directed to place the merit of the empanelled officers vis-à-vis the petitioner to ascertain whether any mistake still exists in the MDS of the petitioner affecting his promotional prospect adversely. It is also prayed that the respondents may be directed to give fresh consideration after expunging the reports of SRO from the CRs for the period from 23.01.2009 to 30.06.2009 and 01.07.2009 to 09.01.2010. It is also prayed that respondents may be directed to calculate the vacancies as per the policy instructions existing on calculation of vacancies on PRV basis and pass further directions to consider the petitioner as promoted in case five vacancies were required to be made available at the time the petitioner was considered as fresh case in April 2012 and if he is found suitable, he may be given consequential benefits. It is also prayed that petitioner may be promoted as Maj Gen along with the empanelled officers of his batch after calling for the promotion records of the Selection Board. The petitioner was commissioned in the Indian Army on 24.12.1982 in the Corps of Signals and he got two years antedate seniority and thus he became 1980 batch officer. The petitioner completed his B. Tech from Institute of Electronics and Telecommunication Engineers, New Delhi while serving in the Corps of Signals.

  2. That during 1983 to 2009, the petitioner served in various organisations with all responsibility. He had a foreign posting also and he was promoted from time to time and finally became Brig on 01.04.2009. The petitioner while posted as Chief Signal Officer, HQ 9 Corps, which was a criteria appointment, earned CRs for the period from 23.01.2009 to 30.06.2009 and 01.07.2009 to 09.01.2010 which were initiated by the GOC 9 Corps who happened to be the RO but initiated such report as IO since the IO was not posted. The petitioner received an outstanding report from the GOC but he had every reason to believe that due to lack of interaction with the SRO, his assessment was downgraded by the SRO. It is submitted that the petitioner had a good record despite that he could not make it to the post of Major General. Therefore, the petitioner has filed the present petition challenging his non-promotion to the post of Major General.

  3. A reply has been filed by the respondents. The respondents in...

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