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(A)89-JPR and PE 3(A)/9A-JPR by Headquarters Southern Command in 1992, it has emerged that Maj Gen I.P.S. Dewan (Ex-MG IC Admn) now MG ASC Headquarters Southern Command failed to appreciate the nuances of both cases, and to apply his professional acumen and experience to their examination. He also failed to examine the cases in detail, or to carry out a detailed analysis and merely endorsed his views, based on the perfunctory advice of the MG ASC. He had merely applied his mind to defend ASC contracting procedures and did not consider the major issues involved. He is to be blamed for mishandling and closing the cases and for acting in a manner which is not expected of his rank and the higher responsibility entrusted to him as MG IC Admn Headquarters Southern Command.

2. On analysis of the case, I find the conduct of Maj Gen I.P.S. Dewan, then MG IC Admn, now MG ASC Headquarters Southern Command to be reprehensible and direct that my remarks be placed on record in the officers dossier.

sd/-

(S.F. Rodrigues)

General

COAS

11th May, 1993" COAS

4. With a view to satisfy ourselves, we called upon the respondents to produce the record relating to the said adverse remarks as also the record concerning the consideration of the appellant and others for promotion to the rank of Lt. General. Both the records have accordingly been placed before us, which we have perused. We shall first refer to the circumstances in which the aforementioned adverse remarks were made against the appellant.

5. The CBI had registered certain cases against one H.S. Nanda, the then DDST-61(I) Sub-Area. The Sub-Area fell within the command and control of the Southern Command. Accordingly, the two cases against Nanda were processed by it. The appellant was at that time Major General, In-charge of Administration in Southern Command. The allegation against the several officers including the appellant was that they did not process the said cases properly and in accordance with the rules, with the result that the said cases had to be dropped. The allegation was that the said cases had been dealt with by the officers in Southern Command including the appellant in a negligent and casual manner, resulting in mishandling of the cases. A Court of Enquiry was ordered into the circumstances concerning the mishandling of the said case. In the course of the enquiry, the Court of Enquiry recorded the statements of several officers including the appellant and submitted its report. It opined that while a mala fide intent cannot be attributed, there have been serious lapses on the part of senior officers including the appellant in processing the said cases against Nanda. They set out the lapses and responsibility of each of the officers concerned. So far as the appellant is concerned, the Court of Enquiry found