( 1 ) THE petitioner was commissioned in the Indian Army in June 1982 into 4/a Gorkha Regiment. Since his commissioning, petitioner attended various professional courses and according to him, he did consistently well and achieved highest possible grading. Despite petitioner achieving high grading because of his hard work and successfully completing the course, he was found unfit even for first rank of Lt. Colonel by Selection Boards held in year 1998, 1999 and 2000.

( 2 ) PETITIONER contended that while gleaning through the possible reasons for his supersession, he has come to know that his supersession to the rank of Lt. Colonel was due to his subjective recording of ACR/icr for the period 1993-95. Petitioner s plea is that he was never warned verbally or in writing by any of his superiors for any shortcomings nor was he charged of any indiscipline at any stage. He has all along been obedient, sincere and an honest officer. He feels that his supersession was based on the ACRs of June, 1993 to June, 1995 which emanated from bias and vindictiveness. According to him, unnatural variance between pen picture and the points given in personal/demonstrative qualities in his