Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Army Act 39(a) 1950 – ss. 83 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Armed Forces Tribunal Act, 2007 (55 of 2007) Army Act, 1950 (46 of 1950) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Army Act, 1950 – ss. 83, 39(a) – Selection – Selection from the post of Lt. Colonel to the rank of Colonel – On facts, findings of General Court Martial against respondent-army officer quashed – Reinstatement of respondent – Issuance of directions to the Government for payment of all consequential benefit for the said period – Thereafter, respondent promoted to the rank of Lt. Colonel and, also granted time scale promotion as Colonel – However, officer junior to respondent promoted to the rank of Brigadier –Respondent challenged the same – Selection Board not find the respondent fit, and was not empanelled – In a subsequent order, Selection Board did not find respondent fit to be promoted by selection to the post of Colonel – However, the tribunal found the assessment made by the Selection Board to be perverse and issued directions to the Government to constitute a fresh selection Board – Held: While annulling the findings and effect of the General Court Martial proceedings, the idea was to confer those benefits which the officer stood denied directly as a result of pendency of such proceedings – Such benefits would be those which are easily quantifiable namely those in the nature of loss of salary, emoluments and other benefits – But the expression cannot be construed to mean the promotions which are strictly on the basis of comparative merit and selection must also stand conferred upon the officer – On facts, Selection Board considered the matter on merits and found the respondent unfit for selection as “Colonel” – Assessment was cumulative taking into account the grading as against those six parameters – Action on part of the Selection Board in relying upon the entry of reprimand was consistent with Selection Policy and could not be characterized as incorrect or illegal in any manner – Also there were other factors which weighed with the Selection Board – Thus, the tribunal was wholly unjustified in finding the assessment made by the Selection Board to be perverse –Judgments and orders passed by the tribunal set aside. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 576 |
Petitioner | Union Of India & Others |
Respondent | Col Ran Singh Dudee |
SCR | [2018] 5 S.C.R. 93 |
Judgement Date | 2018-07-03 |
Case Number | 11009 |
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