JUDGMENT  

B.P. JEEVAN REDDY, J - Leave granted.

2. The appeal is preferred against an order of the Delhi High Court dismissing the writ petition filed by the appellant at the stage of admission. The appellant, Major General I.P.S. Dewan, is aggrieved with, what he says, denial of promotion to the rank of Lt. General. He says that though he was the seniormost of the several candidates considered for promotion and his record of service was the best of all, he was not promoted because of and only on account of the adverse remarks made by General S.F. Rodrigues, Chief of the Army Staff against him on 11-5-1993. The appellant complains that while making the said adverse remarks the procedure prescribed by the relevant rules was not followed nor was the principle of natural justice observed. Accordingly, he prays for expunction of the said remarks and promotion to the rank of Lt. General.

3. The adverse remarks complained of read as follows:

"CONFIDENTIAL

Adverse remarks of the COAS to be endorsed on dossier in the case of IC-12599L Maj Gen I.P.S. Dewan, MG ASC, HQ Southern Command

1. Consequent to a C of I ordered by this Headquarters to investigate into the mishandling of CBI cases of RC 19