- (1.) Leave granted.
(2.) Appellant herein was granted commission in Army Education Core. He at the material time was holding the post of Lt. Colonel. He was considered for promotion to the post of Colonel but was not selected. He filed a non-statutory complaint which was rejected by the competent authority by an order dated 10.11.1997. First review for promotion was conducted in December, 1998 but he was again not promoted. His statutory complaint was rejected summarily. Yet again in December, 2000, his case was considered for promotion but he was not found fit therefor. He thereafter filed a number of statutory complaints. By an order dated 6.07.2004, his statutory complaint dated 16.02.2004 was rejected, stating: "Statutory Complaint dated 16 Feb 2004 against non-empanelment for promotion submitted by IC- 30957 N Lt. Col. Surender Shukla, AEC has been perused alongwith other relevant document regarding his complaints available at this HQ. It is observed that the instant complaint is the second one against the same SBs without any fresh facts meriting reconsideration of the case. Further, the order dated 17 Jul 2003 of the Hon"ble High Court of MP in WP No. 2229 of 2003 of Brig. J.K. Nagpal Vs. Union of India and ors., quoted by the officer in his complaint as fresh facts is not applicable in the officer"s case, as per legal opinion obtained by this HQ. 3. In view of the above, the Statutory Complaint dated 16 Feb 2004 is declared untenable and will not be acted upon at this HQ. The officer may please to inform accordingly."
(3.) Aggrieved by and dissatisfied with the said order, he filed a writ petition before the Delhi High Court which by reason of the impugned judgment has been dismissed.;