IMPORTANT POINT
Assessment criteria cannot change in review.

JUDGMENT

A.K. SIKRI, J.

Respondent herein belongs to the Army Medical Corps. He is the Major General and aspires to become Lieutenant General (Lt. Gen.), which is next higher rank in his cadre. First Special Promotion Board (SPB), for this purpose was held on 20th January, 2016 but he was not empanelled to the rank of Lt. Gen. by the said Board. His statutory complaint there against was partially redressed whereby an assessment of the Technical Officer (TO) in his Annual Confidential Report (ACR) of 2014 was expunged. This entitled him to fresh screening by Review SPB which held its meeting on 21st March, 2017. However, even Review SPB did not empanel him for the promotional rank. After exhausting departmental remedies in the form of statutory complaint etc., the respondent approached the Armed Forces Tribunal (for short, ‘AFT’) and has finally succeeded inasmuch as vide orders dated 2nd September, 2017, passed in O.A. No. 1093 of 2017, the AFT has quashed the proceedings of Review SPB on the ground that it had allotted wrong board marks to the respondent. Directions are given to convene fresh Review SPB to consider him for promotion to the rank of Lt. Gen. in consonance with the parameters of relevant policies and his changed profile after allotting entitled board marks as stated in the said judgment, and to also restore his seniority. This appeal aims at questioning the correctness of the said judgment of the AFT.

2) Facts which are absolutely essential for disposal of this appeal may be mentioned at this stage:

3) The respondent was commissioned in the Army Medical Corps (AMC) on 3rd March, 1980. He has an outstanding academic record and brilliant service record, for which he has been decorated time and again. This includes GOCin–C”s Commendation in the year 2013, Commendation of Chief of Army Staff in the year 2014 and Vishisht Seva Medal in the 2015. He has earned promotions from time to time, whenever became due and has arisen to the rank of Maj. Gen. He is due for superannuation in this rank on 31st May, 2018.

4) The respondent was considered for promotion to the rank of Lt. Gen. and equivalent by SPB held on 20th October, 2016.

However, vide DGAFMS letter dated 1st March, 2016, the respondent was informed that he was not empanelled for promotion. The respondent submitted his statutory complaint dated 30th June, 2016 against his non-empanelment challenging certain assessments in his relevant annual confidential reports. After seven months, the appellant granted partial redressal to the respondent vide their letter dated 30th January, 2017, by way of expunging the entire assessment of the TO in the respondent’s ACR of 2014 on grounds of inconsistency, and directed that the respondent be considered for promotion by an appropriate Promotion Board. Consequent to the redressal granted to the respondent, his overall ACR profile for consideration before the SPB improved and consequently his merit logically came above that of the last officer empanelled in the SPB held on 20th January, 2016. Since, the redressal was granted, as per the policy of the appellants, the respondent had to be put through a fresh/Review SPB.

5) It is pertinent to note at this stage that as per the Promotion Policy dated 14th January, 2004 as amended by the Government of India letter dated 17th May, 2006, the selection criteria was based on following parameters:

6) The composition of the Promotion Board (Medical) is as per the Ministry of Defence letter No. 301/DGAFMS/DG-1X/87-S/D (Med.) dated 8th February, 1988 and for the SP