- (1.) D. S. Sinha, J. Heard Sri Ashok Kumar, learned Counsel for the petitioner and Sri Ajit Kumar Singh, learned Coun sel appearing for the respondents.
(2.) THE petitioner, a commissioned of ficer of the Indian Army belonging to 1968 batch, has been denied promotion to the post of Colonel and his statutory complaint in that regard has been rejected by the Central Government. Hence this petition. The case of the petitioner for promotion was considered by the relevant Selection Board first time during the period between 21st November and 7th December, 1988. He was not found accept able for promotion. The rejection of the candidature of the petitioner for promo tion was communicated to him by the com munication dated 30th May, 1989, a copy whereof is Annexure '2' to the petition. From perusal of the communica tion dated 30th May, 1989 it appears that annual confidential reports of the petitioner upto the year 1987-88 taken into account for the purpose of judging his suitability for promotion.
(3.) ON 5th April, 1989 the petitioner made a non-statutory complaint against some entires in the annual confidential report which were taken into account by the Selection Board for promotion. In the said non-statutory complaint the petitioner also raised his grievance against the rejection of his candidature for promotion. The complaint of the petitioner regarding his rejection for promotion was turned down. However, the petitioner was granted redress in the matter of adverse remarks. The decision on the said non-statutory complaint was communicated to the petitioner through communication dated 3rd November, 1989, a copy whereof is appended to the petition as Annexure '3'.;