S C PURI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is filed by the petitioner seeking for quashing of the reports of the R.O., T.O. and S.R.O. in the Annual Confidential Report of the petitioner for the year 1979-80 and the Interim Confidential Report of the petitioner for the year 1981 as void and aIso for quashing of the orders dated 14/12/1984 and 18/02/1991, whereby the statutory complaints filed by the petitioner were rejected the petitioner has also sought for adirection to the respondents to grant pro mot. ion to the petitioner t..o the rank of Lt.Col. (Selection Grade) with retrospective benefits due since August 1981,

(2.) The petitioner was commissioned in Army Service Corps as a 2/Lt on 27/06/1965. During his service career, the petitioner earned several. promotions and somewher e around the year 1980-81 the petitioner was due for his promotion to the rank of Lt. Col. (Selection Grade) The Annual Confidential Report of the petitioner for the year 1979-80 was recorded by the Initiating Officer. After recording of the assessment of the petltioner by the Initiating Officer, the same was forwarded to the Reviewing Officer, who also recorded his assessment. As the case of the petitioner came within the zone of consideration for his promotion to the rank of Lt.Col. (Selection Grade), an Interim Confidential Report oF the petitioner was also prepared by the respondents for the period from June, 1980 to February, 1,981 in respct of which the Initiating Officer recorded his assessment after which it was placed before the Reviewing Officer, who also recorded his assessment. However, as adverse remarks came to be entered into both the aforesaid Annual Confidential. Reports of the petitioner , the same were petitioner submitted statutory complaint, dated August 2, 1.980 against the Initiating Officer"s assessment, in the Annual Confidential Report 1979-80 which Mas communicated to the petitioner under letter dated March 13, 1.981 , The aforesaid statutory coniplaint filed by the petitioner was considered by the then GOC-in-C , Northern Command, who after going through the contents of the statutory complaint and the records of the petitioner including the Annua1. Confidential Reports directed that the entire assessment of I he Initiating Officer in the Annual Confidential. Report for the year 1979-80 be expunged. While expressing the aforesaid opinion ,so far the Annual. Confidential Report for the year 1979-80 of the petitioner is concerned , he he1d that. only the Initiating Officer's assessment deserves expunction as the assessment of other Reviewing Officers is independent of the assessment by the Initiating Officer and hence the said assessment was not, affected by the Initiating Office's assessment.

(3.) Pursuant to the aforesaid order, the entire assesment of the Initiating Officer in the Annual Confidential Report of the petitioner for the year 1979-80 was expunged while retaining the assessment of the other Rev i et'.ii ng Officeis which were held by the competent authority as independent of the assessment by the Initiating Officer, As against the assessment in the Inter in Confidential. Report, for the period from June 1980 to Februrary, 1981, the competent author held by dated 26/11/1981 that the entire Interim Confidential Report of the petitioner itself be set aside pursuant to which assessment by the Initiating Officer as also by the other Reviewing Officers were set aside and quashed on the ground that the said assessment by the other Reviewing Officers were dependent on the assessment of the Initiating Officer. The petitioner was considered for promotion to the rank of Lt.Col (Selection Grade) by the duly constituted Selection Hoards and he was assessed by the Committee in the following manner:- <FRM>JUDGEMENT_265_ILRDLH8_2002Html1.htm</FRM>