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ABHAY S. OKA, UJJAL BHUYAN
Lt. Col NK Ghai (Retd. ) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. appellant's promotion history and complaints (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding victimization and promotion policies (Para 6 , 7 , 8) |
| 3. court's analysis of grading parameters and related policies. (Para 9) |
| 4. court's findings on grading discrepancies (Para 10 , 11) |
| 5. reconsideration directive for appellant's grading (Para 12) |
| 6. modification confirmation and partial allowance of appeal (Para 13 , 14) |
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL MATRIX
1. The appellant has taken an exception to the Judgment and Order dated 02nd November, 2017 of the Armed Forces Tribunal, Principal Bench at New Delhi (for short ‘the Tribunal’).
2. On 14th March, 1978, the appellant was commissioned into the Territorial Army. On 14th March, 1991, he was promoted to Time Scale Major. With effect from 21st March, 1996, he was promoted to Selection Grade Lieutenant Colonel. He was considered by the Selection Board for promotion on five occasions between 2000 to 2003, but was not empanelled.
3. The appellant filed several statutory and non-statutory complaints. The first non-statutory complaint was against the Annual Confidential Report (for short ‘ACR’) of 1998, where redress was granted b
Promotion decisions within the military are subject to review and modification by the Chief of Army Staff, particularly where grievances about grading exist; procedural integrity is vital.
“Consequential benefits” would be those which are easily quantifiable namely those in the nature of loss of salary, emoluments and other benefits but cannot be construed to include promotions which a....
Indian Army - Promotion- scope of interference with the gradings given in the CRs of an officer is very limited under Article 226 of the Constitution of India.
Assessments in Confidential Reports are valid unless explicitly stated otherwise, and judicial interference under Article 226 is limited.
The main legal point established in the judgment is the significance of the No.1 Selection Board's recommendation and the approval by the Chief of Defence Staff in the promotion process, particularly....
Non-communication of ACR entries, whether adverse or not, is essential for fair promotion processes and impacts eligibility for advancement in service.
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