important point
The considerations which apply to other government servants in the matter of promotion may not be held to be applicable in the army services.

judgment

S.B. Sinha, J. —

1. Leave granted.

2. Appellant herein was granted commission in Army Education Core. He at the material time was holding the post of Lt. Colonel. He was considered for promotion to the post of Colonel but was not selected. He filed a non-statutory complaint which was rejected by the competent authority by an order dated 10.11.1997. First review for promotion was conducted in December, 1998 but he was again not promoted. His statutory complaint was rejected summarily.

Yet again in December, 2000, his case was considered for promotion but he was not found fit therefor. He thereafter filed a number of statutory complaints. By an order dated 6.07.2004, his statutory complaint dated 16.02.2004 was rejected, stating:

“Statutory Complaint dated 16 Feb 2004 against non-empanelment for promotion submitted by IC-30957 N Lt. Col. Surender Shukla, AEC has been perused alongwith other relevant document regarding his complaints available at this HQ. It is observed that the instant complaint is the second one against the same SBs without any fresh facts meriting reconsideration of the case. Further, the order dated 17 Jul 2003 of the Honble High Court of MP in WP No. 2229 of 2003 of Brig. J.K. Nagpal Vs. Union of India and ors., quoted by the officer in his complaint as fresh facts is not applicable in the officers case, as per legal opinion obtained by this HQ.

3.In view of the above, the Statutory Complaint dated 16 Feb 2004 is declared untenable and will not be acted upon at this HQ. The officer may please to inform accordingly.”

3. Aggrieved by and dissatisfied with the said order, he filed a writ petition before the Delhi High Court which by reason of the impugned judgment has been dismissed.

4. A Bench of this Court noticing the following averments made in the writ petition of the appellant, directed issuance of notice:

“G.Because the career profile of the Petitioner is unblemished and better than that of his colleagues who superseded the Petitioner. Two of such officers are:-

NameService No.

Col. A.P.S. PanwarIC30661-P

(one above the petitioner)

Col. V.K. SinhaIC30972-H

(one below the petitioner)

Hence it is submitted that the comparative study of the Career Profiles of these officers with that of the petitioner can be of much help for deciding the present Writ Petition.”

5. The Union of India in its counter-affidavit inter alia contended:

“2.The assessment of officers in ACR was regulated by SAO 3/S/89 (which has now been replaced by Army Order 45/2001) and other relevant policies at any given time. The gradings are numerical from 1 to 9 (overall as well as in personal qualities and performance variables in different qualities) and in the form of pen picture also. The entire assessment of an officer in any ACR consists of assessment of three different reporting officers whose assessments are independent of each other.

3.While considering an officer for promotion to a selection rank the Selection Board takes into consideration a number of factors such as war/ operational reports, course reports, ACR performance in command and staff appointments, honors and awards, disciplinary background, and not only the ACR or one/ few ACRs etc. Selection/ rejection is based upon the overall profile of an officer and comparative merit within the Batch as evaluated by Selection Board. The petitioner did not make the grade based on his overall profile as evaluated by the Selection Board. It was upto the Selection Boards to assess the suitability of the petitioner for promotion to the rank of Col...”

It was further averred:

“4.In the instant case the petitioner was considered for promotion from the rank of Lt Col to the rank of Col by No 3 Selection Board as follows:-

Look Year Result

(i) Fresh Case Jun 97 Non-empanelled

(ii) First Review Dec 97 Withdrawn

(iii) Final ReviewJun 98 Withdrawn

(iv) First ReviewDec 98 Non-empanelled

(v) Final Rev