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1 - 10 of 13 (0.24 seconds)Article 14 in Constitution of India [Constitution]
Union Of India & Anr vs Major Bahadur Singh on 22 November, 2005
38. We, however, make it clear that the above directions will not
apply to military officers because the position for them is different
as clarified by this Court in Union of India v. Major Bahadur
Singh [(2006) 1 SCC 368 : 2006 SCC (L&S) 959] . But they will
apply to employees of statutory authorities, public sector
corporations and other instrumentalities of the State (in addition to
government servants)."
Sanjay Kumar Singh vs Union Of India & Ors on 6 September, 2011
8. Learned senior counsel further submitted that considering the
unblemished track record of the petitioner of over 30 years, wherein he
has rendered exemplary service and has received several accolades and
awards, as also the previous 3 CRs wherein he has been graded
„Outstanding‟, it is evident that the impugned CR-5 is inconsistent with
the overall performance of the petitioner as the petitioner‟s performance
deserves to be rated „Outstanding‟, especially when the petitioner has
always received a laudatory pen picture and his work and performance
has been appreciated by his Seniors. He, then, relying upon the judgment
dated 11.10.2011 passed by the AFT, Principal Bench, New Delhi in O.A.
13/2010 titled Col. Sanjay Kumar v. Union of India and judgment dated
19.08.2013 passed by the AFT, Kolkata Bench in O.A. 98/2012 titled Col.
State Of U.P vs Yamuna Shanker Misra & Anr on 21 February, 1997
9. Learned senior counsel, thence relying upon the judgment in State
of U.P. v. Yamuna Shanker Misra (1997) 4 SCC 7, submitted that the
officer entrusted with the task of writing CR is required to do the same
objectively and fairly and the CR-5 in the present case shows that since
the IO, RO as also the SRO have failed to justify the reasons for
downgrading the petitioner, they have acted in an unfair manner. This
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shows that CR-5 has been arbitrarily made and thus is liable to be set
aside. He also submitted that despite observing that CR-5 was a deflated
CR which meant that it is downgraded and inconsistent, the learned AFT
failed to set aside the same.
Section 30 in The Armed Forces Tribunal Act, 2007 [Entire Act]
Surinder Shukla vs Union Of India & Ors on 9 January, 2008
Further, relying on Surinder Shukla v. Union of India and Ors. (2008) 2
SCC 649, learned counsel submitted that in the absence of any violation
of due procedure, judicial review cannot permit substitution of the
decision on merits.
Jacob Puliyel vs Union Of India & Ors. on 14 October, 2015
20. The grading/ assessing of CR-5 of the petitioner herein is a result of
a policy decision taken by the respondents after they have devised
specific procedure/ mechanism after due deliberation. The CR-5 involved
the due application of mind by not one, but as many as three officials
being first the IO, then the RO and finally the SRO and that too at three
different stages. Thus, there is no scope of overlap or connection inter se
them. Needless to mention, each of the IO, the RO and the SRO are
specialised experts in their respective fields. In view thereof, this Court is
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Signature Not Verified
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By:BABLOO SHAH
Signing Date:13.03.2024
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neither inclined to meddle nor dwell upon the correctness of the CR-5 of
the petitioner. Even otherwise, as per settled law, this Court ought not to
generally interfere where such factors are involved. This Court is fortified
by Jacob Puliyel v. Union of India and Ors., 2022 SCC OnLine SC 533
wherein the Hon‟ble Supreme Court has held as under:
Union Of India & Ors vs Lt. Gen. Rajendra Singh Kadyan & Anr on 28 July, 2000
22. Furthermore, since the petitioner has not doubted the procedure/
mechanism followed by the IO or the RO or the SRO, there is no reason
for the same being faulted with by this Court. Reliance in this regard is
placed upon Union of India v. Lt. Gen. Rajendra Singh Kadyan (2000) 6
SCC 698 wherein the Hon‟ble Supreme Court has held as under:
Dev Dutt vs Union Of India & Ors on 12 May, 2008
In fact the Hon‟ble Supreme Court
in Dev Dutt v. Union of India (2008) 8 SCC 725 has held as under: