A.K.SIKRI, ASHOK BHUSHAN
UNION OF INDIA – Appellant
Versus
MAJ. GEN. MANOMOY GANGULY, VSM – Respondent
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 co
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