- (1.)Aggrieved by judgment in writ petitions 13360 and 13367 of 2009 dated 9.7.2012 of the Delhi High Court, the Respondents therein (Union of India and Ors.) preferred these appeals.. The Respondents herein preferred the above mentioned writ petitions aggrieved by a judgment of the Armed Forces Tribunal in O.A. Nos. 50 and 53 of 2009 dated 30th September, 2009.
(2.)The brief factual background of these appeals is that the Respondent joined Indian Army in 1979 as an officer. Eventually, he came to be promoted to the rank of Colonel in the year 1999. He was on study leave during 2006-2007 upto 31st May, 2007. In January 2007, a selection board was convened for considering the cases of eligible officers for promotion to the rank of Brigadier. By letter dated 22nd March, 2007, the Respondent and other officers were empanelled in the select list for appointment to the post of Brigadier. It appears, the empanelment was also approved by the Government. The actual promotion was to be made in due course subject inter alia to a condition of "continued satisfactory performance". By proceeding dated 26th May, 2007, the Respondent was posted as Brigadier at Ferozepur. The Respondent requested for a "field posting" therefore the posting of Ferozepur was cancelled.
(3.)On 20th July 2007, a complaint came to be lodged by an ex-army officer named Sh. Dhoom Singh Pundir. The substance of the complaint is that the Respondent "stole the affection" (in the jargon of Indian Army it means 'an extra marital affair') of the complainant's daughter and was also blackmailing the complainant. On the basis of the complaint, it appears, a discreet inquiry was conducted by the Military Intelligence.