COURT NO. 1 ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA 165/2021 Lt Col Sampat Kumar ... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Shri Arun Kumar Vashishta, Advocate For Respondents: Gp Capt Karan Singh Bhati, Sr. CGSC CORAM : HON’BLE MR. JUSTICE RAJENDRA MENON, CHAIRPERSON HON’BLE LT. GEN.C.P.MOHANTY, MEMBER (A) ORDER This application has been filed under Section 14 of the Armed Forces Tribunal Act, 2007 by the applicant who is serving officer, being adaimied by his non-empanelment for promotion to the rank of Colonel by No. 3 Selection Board (SB) and prays for the following reliefs:- a) To set aside results of all selection boards held in respect of the applicant so far (and impugned in the instant Original Application) wherein he has been declared as non empanelled for promotion to the rank of Colonel and thereafter direct the respondents to re- evaluate the complete service profile of the applicant and keeping in view his high service profile, grant him promotion to the next rank of Colonel. b) To pass such further orders as The Hon’ble Tribunal deems fit in the facts and circumstances of the case. 2. The applicant was commissioned as a Lieutenant in the Infantry (Territorial Army) on 27.09.1999. During the course of the service he has been medically fit and has been promoted up to the OA 165/2021 Lt Col Sampat Kumar Vs UOI & Ors 1rank of Lt. Col along with batch mates. Applicant was considered for the promotion to the rank of Colonel as a Fresh Case in Sep. 2019 and as a First Review Case in Sep 2021. However, he was held to be non-empanelled in both his considerations by the No.3 SB. 3: Taking us through the service profile of the applicant, Ld. Counsel for the applicant submits that the applicant has served in all types of terrains and areas including the Counter Insurgency and field areas, as well as the applicant has participated in Op Vijay, Op Parakram, Op Rhino and Op Rakshak, and that he has been awarded with GOC-in-C Commendation, TA Decoration Medal and VCOAS Commendation in his service. 4. Ld. Counsel submits that two FIRs i.e. FIR No. 175/17 P.S. Ghazipur, Delhi and FIR/CR No. 70/18 P.S. Airport, Mumbai had been lodged against the applicant on 20.06.2017 and 24.10.2018 respectively for unrelated incidents and due to the lack of evidence he was exonerated on both occasions, but the applicant apprehends that his military reputation was prejudiced taking advantage of which a complaint was lodged against him by a Lady Officer on 04.06.2019 leading to a Court of Inquiry and a Show Cause Notice (SCN) being issued to him on 10.04.2020, though, it OA 165/2021 Lt Col Sampat Kumar Vs UOI & Orsis submitted that the complaint was found to be unfounded and he was acquitted of all the offences. 5. Deliberating on the issue of CRs, Ld. Counsel for the applicant submits that the CO of the applicant had initiated his CR on 01.06.2018 forwarded to RO in a new format of CR, which was scheduled to be applicable from a later date, but since the new format was to be applied from a later date, the CR has to be re- initiated on the format as applicable, wherein his CR rating had been illegally downgraded. 6. Stressing further, Ld. Counsel submits that the applicant was not empanelled for No. 3 SB held from 16.09.2019 to 25.09.2019, against which a non-statutory complaint was preferred by the applicant which was rejected by the respondent vide their letter dated 15.09.2020. Subsequently, another statutory complaint was lodged by him on 03.01.2021 which is yet to be finalized by the respondents. I. Ld. Counsel further submits that the applicant has been consistently graded very well in his confidential reports, however, due to the false and vexatious cases/complaints against the applicant, just before his Promotion Board, his assessment in the Promotion Board could have been adversely affected especially in OA 165/2021 Lt Col Sampat Kumar Vs UOI & Ors‘value judgement’ marks by