( 1 ) THIS letters patent appeal has been filed against the order passed by the learned Single judge in CWP No. 1774/97 decided on 29th april, 1997. Col. Digamber Singh, learned counsel for the appellant has contended that the learned Single Judge has not adverted to the fact that on account of Confidential Report initiated in CFL, Delhi for 1988-89 and 1989- 90 in which due to subjective assessment on account of petitioner s uprightness, not towing the line of action with the Commanding officer, the petitioner was given lukewarm acr in revenge. It was contended that the selection Board acted in violation of the well- settled law laid down by the Supreme Court that selection Boards will not take cognizance of any uncommunicated adverse remarks which disturbed the overall record of the service of the petitioner and the objective assessment for selection to the post of Lt. Colonel. Learned Single Judge dismissed the writ petition simply by observing that the statutory complaint was considered and rejected without adverting to the aforesaid argument of the petitioner. In the writ petition the petitioner prayed, inter alia, for the following writs:

(A) Issue a Writ of Manda