Y. KOTOCH Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) In this writ petition under Articles 226/227 of the Constitution of India, the petitioner seeks a writ in the nature of Certiorari quashing order dated 17.5.1994 (Annexure P-5) rejecting the petitioner's claim for promotion to the rank of Brigadier and the order dated 27.5.1994 passed by respondent No. 1 rejecting the statutory complaint against the Confidential Reports (CRs) 86-87 and 87-88. The petitioner also seeks a writ in the nature of Certiorari for quashing the complete report of the petitioner for the period January to June 1984 and a writ in the nature of Mandamus directing the respondents to promote the petitioner to the rank of Brigadier from the date his course mates were promoted, by ignoring the ACR for January to June, 1984.

(2.) The pleaded case of the parties may briefly be noticed.

(3.) The petitioner was commissioned into the Army service in the Infantry on 9.2.1964. The petitioner has saved the Army with total dedication, loyalty and integrity. He has maintained an ascending career graph. According to the petitioner, he was generally assessed as above average officer throughout his service career. He earned promotions to various ranks in due course. He also attended various courses to the satisfaction of his superior. The promotion in the armed forces is based on the performance of the Officer as depicted in the Annual Confidential Reports (ACRs). Upto the rank of Major, the promotions are based on time-scale and granted after completion of particular years of service. Thereafter, the promotions of the Officer to the higher ranks are by selection. The selection is made by Selection Board constituted by the Chief of Army Staff by virtue of the power conferred on him vide Para 107 of the Regulations for the Army, 1962. The policy for promotion is contained in the policy decision dated 6.5.1987. The petitioner relies on Para 128 of the instructions which are as follows :-