Tribunal quashes order rejecting plea of brigadier
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Last Updated: Friday, June 18, 2010, 00:32
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 promotion.

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 case.

"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 speaking order."

The tribunal added that if redress was granted, Pandalai would also be entitled for consequential benefits.


First Published: Friday, June 18, 2010, 00:32

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