T.A. No. 113/2010. Case: Brigadier Dalip Kapur Vs Union of India (UOI) and Ors., [Alongwith T.A. No. 98/2010]. Armed Forces Tribunal

Case Number:T.A. No. 113/2010
Party Name:Brigadier Dalip Kapur Vs Union of India (UOI) and Ors., [Alongwith T.A. No. 98/2010]
Counsel:For Appellant: T.K. Joseph, Adv. and For Respondents: R. Balasubramanian, Adv.
Judges:A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member
Issue:Constitution of India- Articles 14 and 16
Judgement Date:April 15, 2010
Court:Armed Forces Tribunal
 
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Order:

(Principal Bench, New Delhi)

  1. The present petitions have been transferred from Hon'ble Delhi High Court to this Tribunal on its formation.

  2. Both these two petitions involve identical question of law, therefore, they are disposed of by the common order.

  3. For convenient disposal of both petitions facts given in T.A. No. 113/2010 entitled 'Brigadier Dalip Kapur v. Union of India and Ors.' are taken into consideration.

  4. Petitioner by this writ petition has prayed that by appropriate writ or direction, the proceedings of Selection Board No. 1 held in April-May, 2003 and Review Board held in December 2003 and of No. 2 Selection Board held from 4th to 10th November, 2003 may be quashed and respondents may be directed to grant 1 year further retention in service to him and also consider him for promotion to the rank of major general as a fresh case and he be considered with his old batch and no junior officer be brought in, as it would give a tainted picture of his performance. It is also prayed to quash the orders dated 07.06.2004 and 14.06.2004 of the respondents rejecting his statutory complaints dated 01.12.2003 and 03.03.2004.

  5. Brief facts which are necessary for disposal of this petition are that petitioner was commissioned in the Indian Army on 15.06.1969 and he was posted in various appointments tenable by officers of the Regiment of Artillery and thereafter Intelligence Corps. It is alleged that petitioner had a very outstanding record and his performance throughout career has been consistently well and graded well 'above average'/ outstanding by his superior officers. He has also done the National Defence Academy, Khadakvasla in 1969. He was commissioned in the Regiment of Artillery and took active part in 1971 Indo-Pak war in the Western Sector. After his successful and commendable stint of approximately 8 years, he changed over to Military Intelligence Corps in September, 1977. Thereafter, he took active part in 'Punjab Militancy Problems' in an around Amritsar specially in dreaded places at that time like Taran-Taran, Hosiharpur, Dera Baba Nanak and Gurdaspur. He has served 90% of his service in Jammu and Kashmir under active challenging and trying conditions. He has successfully undertaken number of special missions. He has been decorated with Chief of Army Staff Commendation Card and Vashisht Seva Medal. Petitioner while commanding the unit, Northern Command Liaison Unit from 1992-96, in active militancy situation in...

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