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