New Delhi: The Armed Forces Tribunal has
quashed a Central government order rejecting the plea of a
brigadier who wanted his case for promotion to the rank of
Major General be considered.
Brig Ravi Pandalai had approached the tribunal to quash
an order passed by the government in 2008, communicating his
non-empanelment to the rank of Maj Gen and a second order on
May 18, 2009, rejecting his statutory complaint regarding his
Giving partial relief to Pandalai, the tribunal bench
headed by Justice Manak Mohta said, "the impugned order dated
May 18, 2009, is quashed and set aside. Matter is remitted
back for a fresh consideration of the statutory compliant
filed by the applicant dated December 18, 2008."
The brigadier had contended that while considering his
statutory compliant, defence ministry, which gave him redress
in an order dated March 18, 2009, had revoked the order in the
next two months.
In its reply, the government said the order of March 18
was changed after the Ministry received fresh inputs in the
"We find that while passing the order of review the same
has been passed without proper application of mind and without
any fresh inputs," the tribunal observed.
It also asked the defence ministry authorities to take a
decision on the issue "independently" and "without being
influenced by any observation made by us (Tribunal) and pass a
The tribunal added that if redress was granted, Pandalai
would also be entitled for consequential benefits.