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UJJAL BHUYAN, N. TUKARAMJI
Union of India, Rep. by Secretary, Defence Production, Ministry of Defence, New Delhi – Appellant
Versus
Brigadier Vikram Ahooja – Respondent
JUDGMENT :
Ujjal Bhuyan, J.
Heard Mr. R. Sankaranarayanan, learned Additional Solicitor General of India (Southern Zone) and Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for the appellants; and Mr. B. Adinarayana Rao, learned Senior Counsel for Mr. T. Srinivas, learned counsel representing the respondent.
2. This intra-court appeal under clause 15 of the Letters Patent has been preferred by Union of India and others against the judgment and order dated 14.06.2021 passed by the learned Single Judge allowing writ petition No.16914 of 2019 filed by the respondent as the writ petitioner.
2.1. Core issue raised in the writ petition and carried forward in the present appeal relates to claim of the respondent for promotion from the post of Brigadier to the post of Major General in the Directorate General of Quality Assurance.
3. Respondent had filed the related writ petition seeking a direction to the appellants who were respondents in the writ petition to conduct review Quality Assurance Selection Board for considering the candidature of the respondent for promotion t
The DGQA is an independent body with the authority to determine the seniority of officers based on its own rules and guidelines, separate from the Army Act and Army Rules.
Armed Forces Tribunal would be subject to jurisdiction of High Court in Article 226 – Tribunal subject to High Court’s jurisdiction under Article 226, cannot be permitted by law, to direct framing of....
“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....
The main legal point established in the judgment is the determination of the maintainability of the petition and the jurisdiction of the Armed Forces Tribunal to hear challenges to the vires of subor....
Denial of promotion based solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
Exclusion of an officer from a promotion list due to pending vigilance cases is lawful under regulatory provisions, and subsequent acquittals do not retroactively influence prior decisions made by pr....
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