T.A. No. 29 of 2010. Case: C.S. Gill Vs Union of India (UOI) and Anr.. Armed Forces Tribunal
| Case Number | T.A. No. 29 of 2010 |
| Counsel | For Appellant: Archana Ramesh, Adv. and For Respondents: Anil Gautam, Adv. |
| Judges | A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member (A) |
| Issue | Defence Law |
| Judgement Date | September 01, 2010 |
| Court | Armed Forces Tribunal |
Judgment:
(Principal Bench, New Delhi)
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This Writ Petition has been transferred from Delhi High Court.
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Petitioner by this petition prayed for issuing an order or direction to the respondent to promote the petitioner to the rank of Brigadier as his course mates have been promoted to the said rank from the date his batchmates junior to him has been so promoted with all consequential benefits with damages.
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Petitioner was commissioned in Indian Army into the Corps of Engineers in the rank of Second Lieutenant in the year 1972. He was promoted in the rank of Captain in 1976 and obtained First Honours Degree in Mechanical Engineering in 1979. He was promoted in the rank of Major in the year 1984. During the year 1987-88, the petitioner was posted as Garrison Engineer at Nagrota in the State of Jammu & Kashmir. During that, Garrison Audit was carried out when his predecessor Major SK Dutta was the Engineer and in audit it was found there was an embezzlement of sum of Rs. 22.49 lakhs and involvement of Major SK Dutta and Col. SC Gulati. This serious matter was brought by the petitioner to the notice of higher authorities. He also reported to CWE Col PC Verma to investigate and take necessary steps. This was not liked and appreciated by the higher authorities and on 28.2.1990, he received the posting order as Staff Officer in Grade II at Engineering Branch HQ Eastern Command at Calcutta. Petitioner joined on that post and made a complaint directly to Chief of Army Staff. However, on 10.7.1990, petitioner was posted as Staff Officer (Steel) Engineering Branch, HQ Eastern Command whereas he should have been posted as Staff Officer, Grade II by the Army HQ. Another order was issued directing attachment of the petitioner to 235 Inland Water Transport(IWT) Company located at Alambazar, Calcutta and was not assigned any duties. It is alleged that when petitioner was residing at Alambazar, Calcutta and his family was residing at Fort William Calcutta since the date of his posting to Calcutta in April, 1990. Both the locations being in the same station, there was no requirement under law for the petitioner to seek any formal leave as and when the petitioner wanted to visit his family on the weekends or on holidays and it was in the knowledge of the Commanding Officer. On 20.11.1990, the petitioner was called by the CO for hearing of charge against him arising out of his having questioned the validity of his posting order dated 10.7.1990 and for his...
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