B. N. Chaturvedi, J.

( 1 ) THE petitioner was commissioned on June 11,1977, as 2nd Lieutenant in Artillery Regiment of Indian Army. In due course, he rose to the rank of Lt. Colonel by December, 1994. On his turn for further promotion to the rank of Colonel, he was by-passed by virtue of being not approved by the selection Board. A non-statutory complaint to the respondent No. 2 against his supersession, filed by the petitioner on May 12, 1997, was rejected by an order dated June 6, 1997. He, on July 28, 1997, made a statutory complaint to respondent No. 1 but the same was also rejected vide order dated 12. 11. 1997. This was followed by another statutory complaint dated 11th February/31st march, 1998 to respondent No. 1 impugning the ACR for the period 6/92-4/93. The respondent No. 2 vide his letter dated 14. 5. 1998 declared the same as untenable. By his letter dated 14. 5. 1998, the petitioner requested respondent no. 2 for reconsideration of his aforesaid statutory complaint. He, however, did not receive any response to such a request.

( 2 ) SETTING out background facts, the respondents, in their counter, state that promotion in the Army up to the rank of Major are by time scal

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