DHANANJAYA Y CHANDRACHUD, J - (1.) By the present appeal (The Civil Appeal was admitted for hearing on 13 October 2014.), Lieutenant General Ravi Dastane has questioned the correctness of a judgment dated 6 September 2013 of the Principal Bench of the Armed Forces Tribunal (AFT). The AFT rejected his challenge to the selection of Lieutenant General Dalbir Singh, GOC-in-C, Eastern Command and Lieutenant General Sanjiv Chachra, GOC-in-C, Northern Command as Army Commanders. After the decision of the AFT, Lieutenant General Dalbir Singh (the third respondent) was appointed as Chief of Army Staff (COAS) and retired from service on 31 December 2016. Lieutenant General Chachra retired from service on 31 May 2014. The appellant retired from service on 30 September 2014.
(2.) There are seven Army Commanders and one Vice Chief of Army Staff in the structure of the Indian Army. Six of them command the six regional commands of the Army while the seventh commands the Army Training Command. The position of Vice Chief of Army Staff is equivalent to an Army Commander. The post of Army Commander/Vice Chief of Army Staff, in the rank of Lieutenant General, is the second highest in the hierarchy of the Indian Army, below the Chief of Army Staff. Promotion to the post of Army Commander (General Officer Commanding in Chief) is by selection from amongst officers holding the rank of Lieutenant General, who fulfill the eligibility criteria.
(3.) On 22 March 2012, General V K Singh, as Chief of Army Staff, examined a proposal for filling up vacancies in two posts of Army Commander which were to arise on 1 June 2012 on the impending retirement of Lieutenant General S R Ghosh, GOC-in-C, Western Command and the appointment of Lieutenant General Bikram Singh, GOC-in-C, Eastern Command on his appointment as COAS on 31 May 2012. A seniority list of officers in the cadre of Lieutenant General was placed on file. Seven of the senior-most amongst them, who fulfilled the conditions stipulated for promotion as Army Commanders were listed out. The seven officers were: 1 Lt Gen Dalbir Singh; 2 Lt Gen Sanjiv Chachra; 3 Lt Gen RP Dastane;;