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| HC intervenes in promotion case of top Army officer | | |
Early Times Report
Jammu, Mar10- In a landmark judgment Justice Nirmal Singh of Jammu and Kashmir High Court has quashed the impugned order downgrading CRs of petitioner Maj. G S Kholi and ordered that the order dated June 16, 2006 passed by the Under Secretary, Ministry of Defence while deciding the first statutory complaint of the petitioner, whereby the said complaint was accepted partly can also not be sustained and is accordingly quashed.
After hearing Senior Advocate SS Lehar assisted by Advocate Akhsay Anand appearing
for the petitioner Col Rajan Bakshi and. VK Magoo ASGI appearing for the Union of
India, Jusice Nirmal Singh while quashing down gradation of CRs of petitioner for the
period March 98 to June 98 observed that the assessment made by the RO in the CRs of
the petitioner for the period September 2001 to June 2002 is held to be in-violation of the
provision of the standing instructions of order of 1989, thus cannot be taken into
consideration by the Authority concerned in rejecting the claim of the petitioner for
further promotion. Justice further held that the CRs of the petitioner September 2001 to
2002 can also not be allowed to be taken into consideration as the same has not be
assessed in terms of the provision of order 1989 and therefore order February 22, 2007
passed by the Under Secretary Ministry of Defence in rejecting the second statutory
complaint is also held to be bad and is accordingly quashed.
Justice Nirmal Singh while allowing the petitioner and quashing the orders observed that respondent Union of India has not correctly observed the process of initiation of CRs of the petitioner in terms of the provisions, it is obligatory on the part of the authorities concerned to forward all the CRs endorsed by the IO and RO to the SRO as specified in channel of reporting. Even the authority concerned in its capacity as RO, before making the assessment has not taken into consideration the provisions of the order of 1989 and it is obligatory on the part of any reporting officer to counsel and guide the officer concerned and apprise him of his short comings and this has to be done prior to the initiation of the reports. The petitioner during the said period in dispute was not ever guided by the RO and not even apprised of his short comings, if any. Even the RO while downgrading the CRs of the petitioners has not given any reason. Therefore, the method adopted by the RO while making the assessment for the period in dispute and the action of Union of India in not forwarding the CRs of the petitioner for the said period to the SRO is held to be not in accordance with the relevant provisions of order of 1989 and has to be struck down.
Justice Singh in the approved for reporting judgment, while quashing the both the orders further observed that in case any selection board was held for considering the case of the officers for promotion to the rank of Brigadier during the period March 1998 to June 2002 and any of the junior of the petitioner was promoted then the case of the petitioner also be considered for such promotion keeping in view his CRs for the period of March 1998. so far as CRs of the petitioner for the period September 2001 to June 2002 are concerned these would be forwarded to SRO for the assessment in accordance with the relevant rules governing the field and in case the petitioner falls within the consideration zone for promotion to the next higher rank (Major General), his case shall be considered accordingly and the authority concerned shall pass appropriate orders within a period of three months from the date of this order is made available to it by the petitioner. Court further directed that till this is done, the interim order July 29, 2008 so far as it relates to providing the official accommodation and transportation to the petitioner is concerned shall continue to operate.
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