- (1.) THE petitioner -Brigadier Rakesh Sharma is aggrieved by the denial of his promotion to the rank of the Major General in the General Cadre. He has prayed for quashing the letter dated 11.4.07 (Annexure -8) whereby the petitioner was communicated the result of No.1 Selection Board informing that he has not been selected for promotion to the rank of Major General. The petitioner has also prayed for quashing the part of the order dated 6.9.07 (Annexure -11), passed by the Ministry of Defence on the petitioners statutory complaint. By the said order the Central Government has rejected his statutory complaint dated 25.3.07 subject to partial relief granted in Para 6 of the letter observing that the assessment by various reporting officers in all reckonable CRs is objective, well corroborated/moderated and consistent, except in CR 09/99 -06/00 which appears marginally inconsistent with the over all profile of the officer and has ordered expungement of only some of the assessments in CR 09/99 -06/00. The petitioner has also prayed for expunging/setting aside the entire confidential report for the assessment period from September 1999 to June 2000 and for a direction on the respondents to approve/empanel the petitioners name for his promotion to the rank of Major General in his original batch without superseding him by juniors. The petitioner has also prayed for other incidental reliefs.
(2.) ACCORDING to the petitioner, he was selected as Commissioned Officer in the Indian Army in the year 1974 as the Second Lieutenant. Thereafter he held several posts and got promotion from time to time and at present holds the rank of Brigadier. In 1999 -2000 while the petitioner was posted at Kota, he came to know that the respondent No.5 had made some adverse entry in the Annual Confidential Report of the petitioner for the period from September 1999 to June 2000 which was not communicated to the petitioner. As per the report, he was given 'above average grade (second highest grade), which is treated as on adverse entry for considering promotion to the higher rank.
(3.) ON 14.11.2000 the petitioner filed a statutory complaint against the subjective confidential report which was an adverse entry in Annual Confidential Report for the period from September 1999 to June 2000.;