O.A. No. 103 of 2015. Case: C.P. Singh Vs Union of India and Ors.. Armed Forces Tribunal
| Case Number | O.A. No. 103 of 2015 |
| Counsel | For Appellant: S. Vijayan and T.R. Jagadeesh, Advs. and For Respondents: K.M. Jamaludheen, Senior Panel Counsel |
| Judges | S.S. Satheesachandran, J. (Member (J)) and M.P. Muralidharan, Vice Admiral, AVSM and BAR, NM and Member (A) |
| Issue | Armed Forces Tribunal Act 2007 - Sections 14, 21 |
| Judgement Date | August 31, 2015 |
| Court | Armed Forces Tribunal |
Order:
S.S. Satheesachandran, J. (Member (J)), (Regional Bench, Kochi)
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The applicant is a serving Major General of Indian Army, who is presently posted as Additional Director General National Cadet Corps (Kerala and Lakshadweep) at Trivandrum. He has filed the above application under Section 14 of the Armed Forces Tribunal Act, 2007 (for short 'the Act') seeking the following reliefs:
(i) To direct the respondents to set aside the impugned Special CR from 6.9.2013 to 31.12.2013 in respect of the applicant being technically defective and unsustainable.
(ii) To call for the records leading to Annexure A7 Order of the MS Branch and quash the same as erroneous, illegal, arbitrary, unjust and unsustainable and consider him as a fresh case in the ensuing NGCSSB.
(iii) To direct the respondents to permit the applicant to continue in service till the result of the ensuing SSB proceedings are declared by the respondents.
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Notice given. The respondents have entered appearance through Central Govt. Counsel.
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The applicant is due to retire on superannuation in December, 2015. The Selection Board for Non General Cadre Staff Stream (for short the 'NGCSSB'), which is to empanel qualified and eligible persons preparing a select list for promotion is generally held once in an year for the batch of officers commissioned in a particular year, is the case of the applicant. During the current year, the Selection Board is expected to have its sitting to prepare the select list in the month of October, before which the statutory appeal preferred by the applicant seeking for expunging the adverse remark in his Special CR from 6.9.2013 to 31.12.2013 is unlikely to be disposed of by the competent authority unless directions thereto are issued by this Tribunal, is the submission of the learned counsel for the applicant. Unless the Tribunal issues direction for disposal of his statutory appeal he would be deprived of his last chance to get a promotion as in all likelihood in view of the adverse remarks in his Special CR for the period referred to above, his name will not be included in the select list by the NGCSSB, is the further submission of the counsel. For the time being, the applicant is confining the relief for issue of a direction as indicated, which, if not granted, would cause grave prejudice and irreparable injury to the applicant, according to the counsel.
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A preliminary objection to the maintainability of the application is raised by the learned...
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