CHANDIGARH: The Armed Forces Tribunal (AFT) has directed Army headquarters to revisit its December 2017 promotion policy. The tribunal held that a next policy can’t take away the rights an officer accrued beneath an existing policy.
The order is anticipated to defend officials from “arbitrary retrospective software” of unpolluted promotion policies that leads to converting goalposts halfway. The order was passed on October 5 and was made to be had on Saturday. AFT’s principal bench of chairperson Justice Virender Singh and member Lt Gen Sanjiv Chachra, passed those orders when permitting a petition via Major General V K Singh of Armoured Corps.
Maj Gen Singh was due for promotion to the rank of Lt Gen in October 2017 but was now not promoted over adversarial remarks in his confidential reviews. He had represented his case prior to the higher government who expunged the remarks and then his case was to be thought to be for promotion via a special review board. In the intervening time, army headquarters issued a contemporary policy in December 2017 declaring there could be only one promotion board in a year that may have a look at special review instances.
In his case, the officer contended he was to be thought to be beneath the ideas appropriate in October 2017 as a result of his case was a ‘review’ of the original board and if the brand new tips are carried out, he would retire prior to being promoted. Accepting his plea, the tribunal held that for the reason that flawed had now been corrected, he was to be thought to be as a ‘contemporary’ review case in keeping with October 2017 policy. The tribunal has held his “position can't be altered via any new policy” that could position him at a “disadvantageous position”.
The order is anticipated to defend officials from “arbitrary retrospective software” of unpolluted promotion policies that leads to converting goalposts halfway. The order was passed on October 5 and was made to be had on Saturday. AFT’s principal bench of chairperson Justice Virender Singh and member Lt Gen Sanjiv Chachra, passed those orders when permitting a petition via Major General V K Singh of Armoured Corps.
Maj Gen Singh was due for promotion to the rank of Lt Gen in October 2017 but was now not promoted over adversarial remarks in his confidential reviews. He had represented his case prior to the higher government who expunged the remarks and then his case was to be thought to be for promotion via a special review board. In the intervening time, army headquarters issued a contemporary policy in December 2017 declaring there could be only one promotion board in a year that may have a look at special review instances.
In his case, the officer contended he was to be thought to be beneath the ideas appropriate in October 2017 as a result of his case was a ‘review’ of the original board and if the brand new tips are carried out, he would retire prior to being promoted. Accepting his plea, the tribunal held that for the reason that flawed had now been corrected, he was to be thought to be as a ‘contemporary’ review case in keeping with October 2017 policy. The tribunal has held his “position can't be altered via any new policy” that could position him at a “disadvantageous position”.
Revisit 2017 promotion policy, tribunal tells Army
![Revisit 2017 promotion policy, tribunal tells Army]()
Reviewed by Kailash
on
October 07, 2018
Rating:
