Anil Dev Singh, J.

( 1 ) THIS writ petition filed by the petitioner seeks expunction of complete confidential reports both by the initiating officer and reviewing officer of 6/86 and 6/88 and 5/89 and also challenges his non selection to the post of Colonel. The brief facts giving rise to this petition are as under:

( 2 ) THE petitioner is a serving officer of the Indian Army. He was approved for promotion to the select rank of Lt. Col. by Selection Board No. 4 in March,1989. In the year 1990 the petitioner was not detailed on Senior Command Course unlike his batch mates. This indicated that his confidential reports (for short "cr") after his selection as Lt. Colonel, being CR 5/89 and ICR 9/89, initiated by his Commanding Officer, Col. D. K. Nundy, with whom he had allegedly strained relations may have been based on his adverse subjective appraisal thereby degrading his profile. As a result of this apprehension, on December 3, 1990 the petitioner filed a non-statutory complaint before the Chief of the Army Staff. While the non- statutory complaint was pending the petitioner was considered for promotion by the Selection Board in September 1991 but he was not approved for the same. L

Click Here to Read the rest of this document