Supreme Court of India
UNION OF INDIA AND ORS.versusLT. GENERAL RAJENDRA SINGH KADYAN AND ANR.
- Citation
- 2000 INSC 358
- Decided
- 28 July 2000
- Disposal
- Appeal(s) allowed
- Bench
- A S ANAND
Holding
The Army Commander post is a selection post requiring comparative merit assessment, and the senior officer did not meet the one‑year corps‑command criterion despite the waiver, so the appointment of the junior officer stands.
Summary
Lt. General Rajendra Singh Kadyan, the senior-most Lt. General, challenged the appointment of Lt. General H.R.S. Kalkat as Army Commander, arguing that the post is filled on seniority and that he satisfied the fitness and experience criteria, including a six‑month waiver. The Union of India appealed the High Court's order that had quashed Kalkat's appointment and dismissed Kadyan's writ petition. The Supreme Court examined whether the Army Commander post is a selection post involving comparative assessment of officers or a non‑selection post governed solely by seniority and fitness. It held that the post is a selection post because the criteria require comparative merit assessment, and the waiver granted to Kadyan did not satisfy the one‑year corps‑command requirement. Consequently, the Court set aside the High Court's judgment and restored the appointment of Kalkat, dismissing Kadyan's petition.
Issues considered
- The nature of the Army Commander post: selection post versus seniority‑based non‑selection post
- Whether the one‑year corps‑command experience criterion, with a six‑month waiver, was satisfied by the senior officer
- The relevance and weight of Annual Confidential Reports in the selection process
- The legality of the High Court's interference with the administrative decision on promotion
Legislation cited
- Constitution of Indias. Article 136, s. Article 14, s. Article 16, s. Article 227
Subjects
selection postseniorityarmy commanderpromotionadministrative lawjudicial reviewfitnesswaiverannual confidential reportservice law
Judgment
A UNION OF INDIA AND ORS.
v.
LT. GENERAL RAJENDRA SINGH KADY AN AND ANR.
JULY 28, 2000
B [DR. A.S. ANAND, CJ., S. RAJENDRA BABU AND
DORAISWAMY RAJU, JJ.]
Service Law:
c Promotion-Selection or non-selection post-Determination of-
Seniority-cum-fitness, seniority-cum-merit, merit-cum-suitability with due
regard to seniority are criteria for selection-If involves comparative
assessment of officers, it is merit-cum-suitability criteria-Thus, a selection
post.
D Army Commander-Criteria for appointment of-Purported to be issued
under the orders of the President of India-Stipulates that an officer should
be fit in every respect for appointment-Equal pay but not the status of Army
Commander will be given to those General Officers who are found fit lo hold
the appointment but are not selected because of the revision in the criteria--
E Held, post of Army Commander is a selection post and not a post merely
based on seniority.
Additional criteria for appointment-Experience of commander corps
for al least one year-No waiver allowed without prior concurrence of the
Government-officer with experience offive months and seven days-Waiver
F of six months granted by Government-Thus, on facts the officer failed to
complete the period of one year of experience as corps commander.
Promotion to selection post-Contention that the choice cannot be
restricted to two candidates when there are as many as nine candidates
G eligible for consideration-Held, not correct because others have not made
a complaint.
Annual confidential report-One of the factors and not the sole factor
to be considered by the selection authority-Further, reliance on annual
confidential report is not justified because selection involves comparative
H assessment of officers.
722
.-
U.0.1. v LT. GENERAL RAJENDRA SINGH KADY AN 723
Administrative law- Judicial review of administrative decisions- A
When entire service profiles considered by the authorities concerned court
cannot substitute its own views-Constitutio_n of India, Articles 227 and 136.
Words and Phrases:
'Fit', eligible and 'select'-Meaning of in the context of service B
Jurisprudence.
Respondent No. I challenged the appointments of respondent no. 2 as
the Army Commander on the ground that he is the senior most eligible officer
to be appointed to the post. High Court treating the post as a non-selection
post be filled on the basis of seniority quashed the appointment of respondent C
no. 2. In appeal, the Division Bench concurred with the Single judge. Hence
these appeals.
Allowing the appeals, the Court
HELD: I.I. In deciding whether a post is a selection post or not, one of
the criteria to be considered is if it involves a comparative assessment of D
officers, necessarily the element of selection is involved and, therefore, the
post of Army Commander is selection post although not totally ignoring
seniority. (741-D-E)
1.2 Selection for promotion is based on different criteria depending upon
the nature of the post and requirements of the service. Wherever fitness is E
stipulated as the basis of selection, it is a non-selection post to be filled on
the basis of seniority subject to rejection of the unfit. 'Seniority cum merit
postulates the requirement of certain minimum merit or satisfying a
benchmark previously fixed. Subject to fulfilling this requirement the
promotion is based on seniority. Merit cum suitability with due regard to F
, seniority as prescribed in the case of promotion to All India Services involves
assessment of comparative merit of all eligible candidates, and selecting the
best out ofthem. (734-8-C)
1.3. The letter purported to be issued under the orders of the President
of India states that "an officer should be fit in every respect for such G
appointment" not meaning thereby that he must be physically fit or mentally
fit but in every other respect. Pay but not the status of Army Commander will
be given to those General Officers who are found fit to hold the appointment
but are not selected because of the revision in the criteria is a clear indication
that the post of Army Commander is a selection post and not a mere promotion
post on the basis of seniority. Further, the nature of rigorous standards adopted H
n4 SUPREME COURT REPORTS [2000) SUPP. I S.C.R.
A in the matter of selection of officers from the stage of Lt. Colonel onwards
upto the stage of Lt. general in the usual course it may be that the senior
most officer is selected as the Army Commander. But that dose not deoor the
Chief of the Army staff or the Union of India in making the selection of any
other person for good reasons, who fulfils the necessary criteria. 1738-D-E I
B Anil Kumar Gupta v. Municipal Corporation of Delhi, 120001 I SCC
128.
1.4. The instruction issued by the Government of India for the
appointment to the post of Army Commander prescribes an additional criteria
C for appointment namely, that the officer should have commanded a Corps for
at least one year so as to become eligible for appointment as Army Commander
and no waiver in this stipulation is allowed without prior concurrence of the
Government. Respondent No. I had not completed one year of experience as a
Corps Commander and he had put in S months and 7 days experience. Due to
absence of the concerned officer from India on as assignment in the Embassy
D of France, the waiver was granted only for a period of six months by the
Government of India on recommendation of the Chief of the Army Staff for
consideration of the case but by adding the waiver granted by the Government
in terms of 6 months, experience was only of 11 months and 7 days. Thus,
respondent No. 1 cannot be said to have completed the period of one year of
E experience as Corps Commander. (740-Cf
t.S. The post in question being a selection post for purposes of
promotion, all the eligible candidates in that cadre should have been considered
and consideration of only respondent no.2 and respondent No. I alone could
not meet the necessary criteria, is not correct because no one except
F respondent No. 1 made a complaint and his case has been duly considered.
(741-F-Gl
1.6. The position in law is that appraisal report or an annual confidential
report is not the sole factor to be considered by the selection authority but
one of the matters to be taken note of by the authority. More so, the contention
G that the Chief of the Army Staff having recommended the case of respondent
I in the Annual Confidential Report as fit for promotion could not alter the
same subsequently and give a finding that such a recommendation in Annual
Confidential Report will have a limited effect cannot be upheld. Thus, the
reliance placed on the Annual Confidential Report is not justified because
H selection involves comparative assessment of the officers. (741-C-DI
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN 725
·- AVM S.l. Chhabrav. Union ofIndia, 119931Supp.4 SCC 411 and Union A
of India v. Samar Singh, 11996110 SCC SSS, relied on
1.7. The expression 'fit' legally means "Fit to be chosen" by elaborating
the expression "eligible". It has different shades of meaning; it also means
"a person to be appointed shall be legally eligible" and "eligible" meaning
"Fit to be chosen". Further the expression "select" means "chosen or picked B
up". 1738-8-Df
Stroud's Judicial Dictionary Sth Edn., referred to.
2.1. Critical analysis or appraisal of the file containing service profiles
by the court may neither be conducive to the interests of the officers concerned C
or for the morale of the entire force. One may emphasize one aspect rather
than the other but in the appraisal of the total profile, the entire service profile
has been taken care of by the authorities concerned and court cannot
substitute its own view to that of the authorities. 1743-D-Ef
3.1. It is well-known principle of administrative law that when relevant D
considerations have been taken note of and irrelevant aspects have been
eschewed from consideration and that no relevant aspect has been ignored
and the administrative decision has nexus to the facts on record, it cannot be
attacked on merits. Judicial review is permissible only to the extent offinding
whether the process in reaching the decision has been observed correctly E
and not the decision as such. 1743-E-FJ
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 359-360 of
1999
From the Judgment and Order dated 11.12.98 of the Delhi High Court F
in C.W.P. No. 1527of1998.
WITH
Civil Appeal Nos. 361-362of1999.
G
Soil J Sorabjee, Attorney General, P.P. Malhotra, R.K. Anand, Gopal
Subramaniam, P.P. Rao and S.K. Dwivedi, Dhruv Mehta, Manish Singhvi, Ms.
lndu Malhotra, A. Singh, Amit Kapoor, Vikas Mehta, Ms. Madho Sweta,
Rajiv Dutta, Udai Kumar, Ms. Enakashi Kulshreshtha, Kapil Sharma, N.N
Gupta, Dalip Tandon, Jamshed Bey, Ms. Neera Gupta and Ms. Devika for the
appearing parties. H
726 SUPREME COURT REPORTS (2000] SUPP. I S.C.R.
A The Judgment of the Court was delivered by
RAJENDRA BABU, J. The dispute in this case is in regard to the
appointment to the post of Anny Commander. When Lt. Gen. H.R.S. Kalkat
[hereinafter referred to as 'respondent No.2'] was appointed or promoted as
the Anny Commander, Eastern Command, the same was challenged by Lt.
B Gen. Rajendra Singh Kadyan [hereinafter referred to as 'respondent No. I'] by
way of a writ petition (Civil Writ No. 1527 of 1998) in the High Court of Delhi
principally on the ground that he is the senior-most eligible officer to be
appointed to that post; that he was seeking the aid of the court to prevent
unnecessary and avoidable aberration with regard to appointment/promotion
C of senior officers in the Anny and keeping in view the long term interest of
the Anny and the country so as to avoid politicalisation of the crucial posts
in the Anny; that he had won various meritorious awards; that he commanded
a company in Nagaland and was awarded "Vishist Seva Medal" (VSM) on
January 26, 1990 and as a Major General he commanded Assam Rifles,
Rashtriya rifles and Border Security Force (BSF) and he was successfully able
D to bring cease fire in 1997 which is still holding; that he was awarded "Ati
Vishist Seva Medal" (A VSM) on February 26, 1998 for his operational success
and outstanding achievement; that he commanded a company in the
Bangladesh war; that his contribution in "Operation Black Thunder" was
awarded "l11e Chiefof Anny Staffs Commendation" in 1985; that he has the
E requisite staff experience and has served on the staff of an Infantry Brigade
and an Infantry Division in Operational appointments; that he from the rank
of Lt. Colonel onwards has attained all his select promotions in the first
chance through unanimous decisions; since 1997 he has been in command of
the oldest and the most prestigious strike Corps of the Anny; that the
appointments and promotions to the post of Anny CommanderNice Chief of
F. the Anny Staff(VCOAS) are governed by the instructions as contained in the
Government of India letter dated October 20, 1986; that the said letter came
into effect from January I, 1989; that he became eligible to be promoted as
Anny Commander as and when vacancy arose and instructions issued by the
Government of India were amended on November 18, 1996 which prescribe an
G additional criteria for appointment to the post of Anny Commander, namely,
that the officer should have commanded a Corps for at least one year so as
to become eligible for appointment as Anny CommanderNCOAS and no
waiver in this stipulation is allowed without prior concurrence of the
Governm~nt; that the order dated November 18, 1996 has come into effect
only to affect respondent No. I; that even otherwise in relation to such
H stipulation he had been granted a waiver by the Government as prescribed
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN [RAJENDRA BABU, J.J 727
.. - by letter dated November 18, 1996 as per the Government order dated March
16, 1998; that he was fit in all respects for appointment to the post of Anny
A
Commander; that the second appellant had recorded in Annual Confidential
Reports (ACRs) in respect of respondent No.I that on or after February 27,
1998 he was fit in all respects; and, that having found respondent No. I fit in
all respects on or after February 27, 1998 and he being the senior most Lt.
General in the Indian Anny ought to have been appointed as Anny Commander. B
Respondent No. I claimed that when he was posted as Attache in Paris
he was considered for the post of Major General on April 24/25, 1992 wherein
he was approved for being promoted as Major General and the said .decision
was communicated to him on July 7, 1992. However, he was promoted to the
post of Major General on September I, 1995 after respondent No. I was
c
repatriated from Paris. The Selection Board for selecting Lt. General met on
October 21, 1994, the decision of which was communicated to respondent
No. I on February 21, 1995. The case of respondent No. I was deferred on the
ground that the "criteria appointment was lacking". Again on April 21122,
1995 his appointment as Lt. General was deferred on the ground "not D
adequately exercised in criteria appointment". Similarly, his case was again
deferred on October 11113, 1995 and on April 24125, 1996. On October 31, 1996
his case was recommended to be promoted as Lt. General. It was contended
before the High Court that for certain irrelevant consideration and ma/a fide
reasons the case of respondent No. I was deferred by the Central Government
E
to accommodate Major General B.S. Malik who was made a Lt. General; that
such defennent of the case of respondent No. I by the Central Government
was unprecedented in the history of Anny. Respondent No. I sought for
review of the Government decision regarding change of his grading from
"approved" to "deferred" by an application made on March 8, 1997. On April
IO, 1997 respondent No.I was again considered by a Special Selection Board F
to the post of Lt. General.
The decision thereto was conveyed to him on July 8, 1997. It is at this
stage that the Chief of the Anny Staff had issued letters/instructions stipulating
that henceforth an officer to be eligible to become Anny CommanderNCOAS
should have commanded a Corps for at least one year. That is the first time G
--- such a stipulation had been introduced in the Anny and made applicable with
immediate effect. On a representation made by respondent No. I waiver was
granted for a period of six months for his consideration for promotion to the
rank of Anny CommanderNCOAS. It was contended on behalf of respondent
~ No. I that 2/3 days after respondent No. I was recommended for promotion by H
728 SUPREME COURT REPORTS [2000) SUPP. I S.C.R.
A respondent No. 2 (Appellant No. 2 herein) on March 2, 1998 a proposal was
mooted for appointment of the Army Commander, Eastern Command for filling
-.
up the vacancy that arose on March I, 1998 when respondent No.2 was
recommended for promotion/appointment to the post of Army Commander, '
Eastern Command. On respondent No. I approaching the High Court on March
27, 1998, while directing notice it was made clear that if "any appointment is
B made to the post of Army Commander, Eastern Command, the same shall be
subject to the result of the writ petition". It was contended before the High
Court that for the first time more than one officer was considered at the time
of making the recommendations for appointment or promotion to the post of
Anny Commander in the Indian Anny; that in the past only name of senior
c most officer was forwarded and recommended for appointment/ promotion as
Anny Commander; that respondent No. I was recommended for appointment
as Anny Commander; that when the statutory complaint was filed by
respondent No. I, appellant No. 2 had recommended to appellant No. I the
name of respondent No. 2 and, therefore, the impugned decision dated March
25, 1998 with the recommendation was sent to the Appointment Committee
D of the Cabinet the name of respondent No. 4 for promotion/appointment as
Anny Commander, Eastern Command in supersession of respondent No. I is
bad in law.
The High Court first dealt with contention that stay of respondent No. I ..
in Paris should not come in his way for purpose of selection to a higher post.
E After going through the entire files it was noted that had respondent No. I's
promotion not been deferred, he would have become Lt. General in 1996 itself
although Major General B.S. Malik was promoted as Lt. General in spite of
grading "unfit" to him by the Special Selection Board. Surprisingly on
November 23, 1996 the Defence Secretary recommended that Major General
F B.S. Malik's grading may be changed from Grade "D" to Grade "B" and in the
case of the petition his grading from "fit" was recommended to be "deferred" ... •
and the Defence Secretary relied upon the fact that respondent No. I has not
completed the laid down adequately exercised period of 18 months. The High
Court commented on the manner of dealing with the files as rather strange
and observed that there is inconsistency in the arguments advanced on
G behalf of the appellants inasmuch as only seniority of an officer is important;
that the words "senior most officer who is otherwise fit" should be understood
as that an officer whose name has been recommended by the Board is also
fit in all respects. On perusal of files, the High Court came to the conclusion
-
that the second respondent could never be deemed to be senior most officer
H who was otherwise fit and could not be compared with respondent No. I; that c
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN [RAJENDRA BABU, J.l 729
recommendation is in total disregard of the past practice and procedure; that A
the cases referred to are those of senior general officers, namely, Lt. General
J.G. Khanna, Maya Dass and G.L. Bakshi, who missed promotion to the rank
of Army Commander on comparative merit and weak profile; that the note of
the Joint Secretary admitted that in these cases there was no recommendation
for promotion on account of their C.Rs. However, the High Court proposed B
to consider their cases separately. The High Court further concluded that from
the records made available to the court it was evident that in the past only
the senior most Lt. General was considered for promotion to the rank of Anny
Commander in the vacancy arising as happened due to the retirement of Lt.
General Surinder Nath; that the cases of Lt. General K.L. D'Souza and Lt.
General S.K. Sharma were recommended for promotion/appointment as GOC- C
ln-C, ARTRAC; that the reason for not appointing Lt. General K.L.D'Souza
was that he was placed in low medical category.
The High Court found force in the argument that comparative merit was
not the requirement to be applied by the appellants; that the general officers
meeting the requirement of Anny letter dated October 20, 1996 were promoted D
as Anny Commanders on the basis of the seniority; that fitness in every
respect coupled with seniority is the criteria of appointment to the post of
Anny Commander, and it noticed that the appellants could not go into the
question of comparative merit to the post of Anny Commander when
respondent No. I carrier profile, experience, positive recommendation in the E
A.C.R. makes him fully fit for holding the post of Anny Commander, any other
consideration which has gone into the process of denying that right is not
justifiable if respondent No. I was eligible in terms of policy of the appellants
dated October 20, 1986 particularly when the appellants have considered his
case for waiver which was granted by six months and when respondent No. I
stayed in Paris for a duration longer period and that the same cannot be F
•• utilised against him.
The High Court also noticed that he had given his willingness certificate
is not correct from the perusal of the records and he should have been
repatriated on completion of three years which was not done. The High Court G
also took into consideration the statutory complaint made by respondent
No. I. It was noticed that on February 27, 1998 when the Chief of the Army
Staff had found respondent No. I fit in every way to hold his present rank as
well as found him fit for promotion to the next higher rank/appointment, how
the name of respondent No. 4 could have been recommended on March 2,
1998. Therefore, the High Court critically analysed the Cabinet Secretary's H
~~
730 SUPREME COURT REPORTS (2000) SUPP. I S.C.R.
A notice and found that respondent No. I fulfilled the necessary criteria mentioned
for promotion to the post of Army Commander. The High Court laid emphasis
~· -
on the criteria "seniority-cum-fitness" rather than "seniority-cum-merit" and
what is obligatory is that the promotion is automatic. Finally, the High Court
noticed that the only question before it whether the post of Army Commander
which became available on March I, 1998 on the retirement of Lt. General Ravi
B Eipe when the cases of respondent No. I and respondent No. 2 were considered
whether the appointment of respondent No. 2 as Army Commander in spite
of respondent No. I being admittedly senior to respondent No. 2 was justified.
The High Court noticed that the argument advanced on behalf of the appellants
that the Circular dated October 16, 1992 Vl'.as complementary to the Circular ~-
c dated October 20, 1986 does not inspire any confidence and it is not one of
those orders issued in terms of Article 73 of the Constitution. The whole
rationale, therefore, was of the principle of "seniority-cum-fitness" and thus
considered, the senior person unless unfit should get the promotion
automatically and, therefore, seniority ought to have been given preponderating
weight. Further, It noted that the appointment of Army commander is a
D selection grade appointment to be filled from eligible Corps Commander. Prior
to 1986 Corps Commanders subject to having positive recommendation in
their A.C.Rs. became Army commanders. In 1986 a criteria of two years
residual service was introduced for their becoming Army Commanders subject
to their being fit in every respect. General Officers meeting the said criteria
E was promoted in the order of their seniority. One year command of a Corps
was added to the criteria prescribed in 1986 by letter dated November 1996
which also provided for a waiver by the competent authority. The note of the
Cabinet Secretary in which he has comparatively discussed the A.C.Rs. of
1971 of respondent No. I amounts to importing a non- existent criteria after
respondent No. I was found fit in all respects in the A.C.R. on the basis of
F which he was promoted to next higher rank. The minimum tenure of one year
as Corps Commander had also been met by respondent No. I on account of
grant of waiver by the Government. The "deferment" made in the grading in ·~
October 1996 of the Selection Board had adversely affected respondent No. I
and it is only thereafter stipulated that an officer to become eligible to be an
G Army Commander should have commanded a Corps for at least one year. In
this background, the High Court quashed the appointment of respondent No.
2 as Army Commander, Eastern Command and allowed the writ petition.
Challenging this order of the learned Single Judge of the High Court a
Letters Patent Petition (L.P.A No. 568/98) was filed before the Division Bench
......
H of the High Court. By a very short order the Division Bench of the High Court
....
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN [RAJENDRA BABU,J.J 73 J
disposed of the Letters Patent Petition stating that the comparative merit of' A
officers was neither the requirement nor it is permissible and the appellants
should not have treated the post of Army Commander as a selection post.
The Division Bench is in agreement with the opinion of the learned Single
Judge that in the past only a single person was considered and if he is not
fit, then alone the next person in seniority was considered. Reliance placed B
by the Government on Circular dated October 16, 1992 is not correct and was
rightly rejected by the learned Single Judge inasmuch it is a non-statutory
document. This is not the case of"seniority-cum-merit" but it is only "seniority-
cum-fitness" subject to rejection on the basis of being unfit. Seniority alone
governed the matter. On that basis the High Court dismissed the appeal.
Hence the present appeals - one filed by the Union of India and its officers C
(Civil Appeal Nos. 359-360 of 1999) and the other (Civil Appeals Nos. 361-
362 of 1999) by Lt. Gen. H.R.S. Kalkat, respondent No. 2 in Civil Appeal Nos.
359-360 of 1999.
In this Court, the learned Attorney General contended on behalf of the
Union of India that the High Court had erred in quashing the appointment D
of respondent No. 2 as Army Commander, Eastern Command; that the entire
consideration of the matter is mis-placed; that the High Court had given
undue importance to A.C.Rs. in the matter of promotion and when security
of the country is of paramount consideration, mistakes cannot be allowed and
gaining necessary field experience is absolutely essential; mere emphasis on E
the A.C.Rs. will not change the ground realities and, therefore, whatever may
be the circumstances in which the appellant could not gain the necessary
experience; that the High Court could not have interfered with the impugned
action. The High Court has indulged in nit picking by making a censorious
approach in examining the dossiers and files as also the note of the Cabinet
Secretary; that the comparative merit is not prohibited in making the selection, F
which was quite often resorted to in making appointments to the post of
Army Commander.
Shri Gopal Subramaniam, learned Senior Advocate appearing for
respondent No. 2 and appellant in connected matter, supported the contentions G
of the learned Attorney General and supplemented the same on factual aspects.
Shri P.P. Rao, learned senior advocate for respondent No.I, submitted,
at the very outset, that decision in this case is of great momentous nature
to the army inasmuch as the principles relating to the promotion to the post
.... of Army Commander, that is, in the highest echelons of service are in issue. H
732 SUPREME COURT REPORTS [2000] SUPP. I S.C.R.
A Indeed he submitted that up to the stage of appointment as Lt. General,
rigorous tests have to be undergone by the concerned officers before they
are promoted and such processes have been undergone having reached a
particular level. Further tests are held almost automatically unless there is
something adverse as to their fitness. He stated that in these cases it is only
seniority that governs and that when it was ignored the matter was taken to
B the High Court and the High Court has given relief in this case and, therefore,
this Court should not interfere in the order made by it. Respondent No. I has
always been senior to respondent No.2 by as many as 40 places although
they belonged to the same batch having been commissioned on 10.6.1962.
Respondent No. I had a distinguished career and participated in the operations
C' of 1971 Indo-Pak war and also has extensive counter insurgency experience.
The battalion in which respondent No. I was working during the war was
engaged in fighting the enemy from Agartala to Dhaka and reached Dhaka on
December 16, 1971 i.e. the date of cease-fire and surrender of the Pakistan
Army. In terms of letter dated November I 8, 1996, the officer should have
commanded Corps for at least one year so as to become eligible for appointment
D as Army Commander unless waived with the prior concurrence of the
Government. As respondent No. I was the only person to be affected by this
new criterion which was sought to be enforced without any lead time, contrary
to the earlier practice, in his statutory colltPlaint dated 5.10.1997, he made an
alternative request that this stipulation may be waived in his case as the delay
E in his promotions have been caused entirely in the interest of service and he
specifically mentioned that the vacancy was due to occur on March I, 1998
and he should be considered for the same. On 6. I. 998, the Chief of the Army
Staff recommended the waiver by months for consideration for promotion to
the appointment of Army Commander for a vacancy occurring on March I,
I998. The Central Government accepted the recommendation of the Chief of
F the Army Staff. The case of respondent No. I would have been considered for
appointment for the Army Commander in normal circumstances had he not
been inordinately delayed in being placed on present criteria appointment.
The delay was caused due to circumstances well beyond the control of
respondent No. I and was primarily due to administrative constraints of the
G organisation. New clause of tenure of one year as a Corps Commander
affected only respondent No. I and this aspect was borne in mind by the Chief
of the Army Staff while making the recommendation. On 10.4.1997, respondent
No. I was selected for the post of Lt. General by the Special Selection Board
and on 8. 7.1997, he was intimated of the fact of selection and approval by the
Government. In another case filed by Major General Bagga, the Delhi High
H Court passed a stay order in July, 1997. On 23.8.1997, respondent No. I was
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN (RAJENDRA BABU, J.] 733
~ ~.
put in-charge of GOI-1 Corps and started gaining experience of commanding A
the Corps and continues to command the same even now. Thus Shri Rao
submits that in terms of letter dated November 18, 1996, it is enough if the
officer has commanded a Corps for one year by the date of appointment to
the post of Army Commander in the absence of waiver or including the period
of waiver. The appointment to the post of Army Commander having been
made by an order dated 20.4.1998, as on that date respondent No. I had
B
actually commanded Corps 1 for a period of seven months and 26.. days;
adding the period of waiver of six months, it comes to a total of one year, one
month and 26 days. In other words, he fulfilled the requirement of commanding
a Corps for at least one year by February 22, 1998. Therefore, he was eligible
for consideration for the post in question and that he was rightly treated as c
eligible both by the Chief of the Army Staff as well as by the Government
of India. He relies on the decision of this Court in Ani/ Kumar Gupta v.
Municipal Corporation of Delhi, (2000] I SCC 128. The criterion that "the
officer should be fit in every respect for such appointment" stipulated in the
Government of India's letter dated October 20, 1986 clearly indicates that the
post of Army Commander is a non-selection post. In contrast, the nature of D
selection posts in the Army should be gathered from the selection system.
The hierarchy in the Army and the meth~d of selection and promotion
to various posts starting from the post of Lieutenant and going up to the post
of the Chief of the Army Staff will clearly indicate that the posts of Lieutenant,
E
Captain and Major are automatic promotion posts on passing the promotion
examination irrespective of inter se merit, whereas the posts from Major to Lt.
Colonel, Lt. Colonel to Colonel, Colonel to Brigadier, Brigadier to Major
General and Major General to Lt. General are all selection posts filled up by
promotion on the basis of relative merit assessed by the designated selection
boards. From Lt. General [Corps Commander] to Army Commander is a non- F
selection post to which promotion is made subject to fitness. It is promotion
subject to fitness in all respects, although the rank remains the same. From
the post of Army Commander to that of the Chief of the Army Staff, it is by
promotion for which no specific criteria have been laid down. There have
been precedents where the senior-most Army Commanders have not been
G
appointed as the Chief of the Anny Staff. Selection implies the right of
rejection depending upon the criteria prescribed. Selection for promotion is
based on different criteria depending upon the nature of the post and
requirements of the service. Such criteria fall into three categories, namely,
... I. Seniority cum fitness, H
"
734 SUPREME COURT REPORTS (2000) SUPP. I S.C.R.
A 2 Seniority cum merit,
3. Merit cum suitability with due regard to seniority.
Wherever fitness is stipulated as the basis of selection, it is regarded
as a non-selection post to be filled on the basis of seniority subject to
B rejection of the unfit. Fitness means fitness in all respects. "Seniority cum
merit" postulates the requirement of certain minimum merit or satisfying a
benchmark previously fixed. Subject to fulfilling this requirement the promotion
is based on seniority. There is no requirement of assessment of comparative
merit both in the case of seniority cum fitness and seniority cum merit. Merit
C cum suitability with due regard to seniority as prescribed in the case of
promotion to All India Services necessarily involves assessment of
comparative merit of all eligible candidates, and selecting the best out of them.
Shri Rao insisted that the letter dared October 20, 1986 containing the
criteria for selection laid down by the President for the Army Commander
D does not prescribe any minimum merit. In fact the word "merit" is conspicuously
absent from the entire letter and the criteria do not postulate the comparative
assessment of merit for appointment as Army Commander or Lt. Generals in
the same rank.
Shri Rao further contended that the use of the word "selection" in a rule
E
or administrative instruction does not necessarily make the post concerned
a selection as has been contended by the appellant. Nor the expression
"selection grade" used by respondent No. I here and there makes the post in
question a selection post to be filled in by promotion on the basis of comparative
assessment of merit. In addition to the absence of "merit" being one of the
F criteria for selection and promotion to the post of Army Commander, the past
practice as recorded by the Defence Minister and concurrently found by the
courts below shows that the senior-most Lt. General who is found fit in all
respects for promotion according to the C.Rs. has always been promoted.
G Shri Rao also submitted that circular dated 28/16. I 0.1992 of the Army
Headquarters to the extent it applies to the appointment of Army Commanders
and is at variance with the letter dated October 20, 1986 setting out the criteria
laid down by the President for appointment of Army Commanders cannot be
acted upon. In so far as the said circular provides for appointment of Corps
Commander as the caption of the circular indicates, there will be no conflict
H with the criteria laid down by the President for appointment to the post of
~.
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN [RAJENDRA BABU, J.] 735
. ..,
Anny Commander. The absence of the word "seniority" in the letter of the A
Government of India dated October 20, I 986 does not exclude the right to
prior consideration flowing from being the senior-most officer entitled to the
considered in tenns of Articles 14 and 16 of the Constitution. The expression
"fitness in all respects!',or "merit" or "suitability" is not synonymous. It was
submitted on behalf of respondent No. I that an Anny Commander having
experience of operations during war and extensive counter insurgency may
B
be more suitable for commanding the Anny rather than for an equivalent staff
post at the Headquarters and vice versa and that even the highest post in
any organisation need not be a selection post to be filled on the basis of
comparative assessment of merit of eligible officers.
c
Shri Rao further elaborated that the post of Army Commander, even if
it is assumed, is selection post to be filled up on the basis of comparative
assessment of relative merit of officers, the field of choice cannot be restricted
to two persons only and there were as many as nine Lt. Generals eligible for
consideration having had a residual service of two years and put in at least
one year as Corps Commander including respondent No. I and respondent D
No.2. Admittedly seven out of nine officers were not considered. The criteria
adopted by the appellants are not that of selection or assessment of relative
suitability of officers. According to Shri Rao, the expression "relative suitability"
of the officer does not mean the comparative assessment of merit. It means
suitability for the particular command or the particular staff appointment as E
the case may be and that suitability is related to the command in question
or the staff appointment in question and there is no mention of any comparative
assessment of merit even in that circular. Even that circular does not itself lay
down the two senior eligible officers should be considered for each Anny
Commander's vacancy. In refers to a pre-existing Government requirement
without mentioning any Government letter .or circular. No such document F
containing this requirement has been produced so far. The so-called assessment
of merit of respondent Nos. I and 2 in the instant case does not reveal all the
facts or take into consideration all the necessary facts that are required to be
taken note of. There are several factors available on record such as Annexures
I, 2 and 3 of his representation to the Attorney General and Annexure C to
G
the written submissions which will clearly indicate that the Government has
not taken note of all the factors in making the appointment in question. Shri
Rao submitted that advisory remarks are not adverse remarks and they cannot
be relied upon for denying the promotion to an officer declared fit for promotion
in all respects for that very post and that the reports which are too stale and
F remote cannot be dug up to change the settled inier se merit of officers H
736 SUPREME COURT REPORTS [2000] SUPP. I S.C.R.
A assessed by as many as five selection boards for successive promotions from v .
the ranks of Major to the rank of Lt. General all of which are selection posts.
Advisory remarks of the Reviewing Officer in the CR of respondent No. I for
1971 were never communicated to respondent No. I and, therefore, the same
could not be relied upon against him. Another submission that has been made
by Shri Rao is that consent to go on deputation cannot take away the right
B to be considered for promotion and if selected for promotion and that the
policy regarding willingness certificate cannot in any event hold good beyond
die normal tenure of three years of officers sent on foreign assignments in
public interest and if the post of Army Commander is a non-selectioJ post
to which appointment has to be made on the basis of seniority subject to
C fitness in all respects and fulfillment of both these criteria having already been
held in his favour by the Chief of the Army Staff, the High Court was justified
in issuing the writ.
The matter put before this Court in the light of the arguments advanced
on behalf of the parties and the pleadings raised or the findings recorded by
D the High Court, we have to consider the same from five facets of the case:
[i] Whether the Army Commander holds a selection post or one
which is based on seniority but the officer should be fit in every
respect for such appointment and should have a minimum of two
years before retirement from the date of appointment as Army
E
CommanderNCOAS?
[iij Whether the instructions given on October 16, 1992 are executive
instructions not supportable in law which stipulate that an officer
to be eligible to the post of Corps Commander should either be
F eligible to become an Army Commander or should have a minimum
of four years residual service on the date he is promoted to the
rank of Lt. General and should have commanded a Corps for at
least one year?
[iii) What is the effect of the ACRs recorded by the Chief of the
G Army Staff?
[iv] What is the effect of waiver granted to Lt. General R.S. Kadyan
when he was a Brigadier serving in the Embassy of France?
[v] Whether the Cabinet Secretary is justified in taking into
H consideration the service profiles of Lt. General R.S. Kadyan and
U.0.1. v. LT. GENERAL RAIENDRA SINGH KADY AN [RAJENDRA BABU, J.] 737
~ <CO' Lt. General H.R.S. Kalkat in making his recommendations? A
Several decisions have been cited before us on either side by the
learned counsel appearing in this case but we are not adverting to the same
since we are not in any way detracting from the principles stated therein nor
are we enunciating any new principle. Moreover, we are deciding on the
special features arising in this case. B
On October 20, 1986 criteria of appointment of Anny Commander was
issued purported to be under the orders of the President of India and such
,- criteria is as follows :-
~
(a) The officer should be fit in every respect for appointment; and c
(b) The officer should have a minimum of two years left before the
.. retirement age from the date of appointment as Army Commander/
VCOAS.
(c) This will be applicable w.e.f. 1.1.1988 D
(d) As a one time exception, the pay but not the status of an Anny
Commander will be given to those General officers, presently
holding the rank of Lt. Gen., who are otherwise found fit to hold
the appointment but are not selected because of the revision in
the criteria. E
(e) The officer should have commanded a Corps for at least one year
so as to become eligible for appointment as Anny Commander/
VCOAS. No waiver in this stipulation will be allowed without
prior concurrence of the Government.
F
[added on November 18, 1996 pursuant to letter No. 19(24)/96/
D(MS) issued by Government of India, Ministry of Defence.]
(Emphasis supplied)
On the basis of this letter the argument advanced before us is that the
G
appointment to the post of Anny Commander is of selection and not a mere
promotion on the basis of seniority. It is urged on behalfof the Union of India
and Lt. General H.R.S. Kalkat is that the post of Anny Commander is a
selection post and not a post merely based on seniority. While Shri P.P. Rao,
learned senior Advocate for the contesting respondents, submitted that what
-~ is required in this letter is only that a concerned officer should be fit in every H
738 SUPREME COURT REPORTS [2000] SUPP. I S.C.R.
A respect and should have fulfilled the other requirements. Though diametrically
opposite views are stated, on a careful reading of this letter it becomes clear
that "an officer should be fit in every respect for such appointment" will not
merely mean that he must be physically fit or mentally fit but in every other
respect. In addition, in clause (d) above in the letter while making certain
B exceptions what was in the mind of the authority is made clear that an officer
holding the rank of Lt. General who is otherwise fit but not selected because
of the revision of criteria will be a clear indication that it is a selection and
not a mere promotion on the basis of seniority. Further, the expression "fit"
has been brought to our notice as legally meaning "fit to be chosen" by ~,
elaborating the expression "eligible" in Stroud' s Judicial Dictionary, 5th Edn.
C However, the expression "fit'', which has different shades of meanings, also
means "a person to be appointed shall be legally eligible" and "eligible" has
already been explained by us to mean "fit to be chosen". Again, the expression
"select" means "chosen or picked up". Therefore, we are of the view that to
the post of Army Commander, selection has to take place. Of course,
considering the nature of rigorous standards adopted in the matter of selection
D of officers from the stage of Lt. Colonel onwards upto the stage of Lt. General
in the usual course it may be that the senior most officer is selected as the
Army Commander. But that does not debar the Chief of the Army Staff or the .,
Union of India in making the selection of any other person for good reasons
who fulfills the necessary criteria. Therefore, we are of the opinion that it was
E improper on the part of the High Court to have concluded that the post of
-
Army Commander is a non-selection post. Further, the conclusion reached by
the High Court that appointment to the post of Army Commander has to be
made on the basis of seniority alone cannot be accepted.
The next question, which we have to consider, is what is the nature of
F the executive instructions that have been given. Even if we accept the view
taken by the High Court that Army Headquarters communication in this
regard merely amounted to an executive instruction and not supported by any
orders made by the President of India or the Government of India, the learned
Attorney General submitted that the other parameters that are clearly laid
G down in the letters of the Government of India should be strictly followed,
that is, all officers who are likely to be eligible for an Army Commander
appointment in terms of two years residual service will have to be given
command of a Corps and unless such officer has commanded the Corps for
at least one year he cannot be considered for promotion. In the present case,
respondent No. I became a Corps Commander on September 24, 1997 and the
H vacancy in the post of Army Commander arose on March I, 1998 and thus ~-
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN [RAJENDRA BABU, J.] 739
, ? he had not completed one year of experience as a Corps Commander and he A
had put in 5 months and 7 days experience and to this if we add the waiver
granted by the Government in terms of 6 months, it will only be 11 months
and 7 days experience. Even so, he falls outside the zone of consideration for
being appointed as an Army Commander. However, much argument was
addressed on the effect of the recommendation made by the Chief of the B
Army Staff and the order made by the Government of India in that regard. On
November 6, 1998 the Chief of the Army Staff recorded a note in the following
terms:-
"In view of the above, I recommend that redress be granted to the Gen
officer by way of granting 6 months AE waiver to him for consideration C
for promotion to the appointment of Army CdrNCOAS for a vacancy
occurring on 01 Mar 98."
The argument addressed is that the waiver granted by the Government
is identical with the consideration of his case for appointment as Army
Commander inasmuch as waiver has been granted for the purpose of D
considering his case to the post of Army Commander it is contended that his
case should have been considered. We fail to appreciate this line of argument.
The basis upon which the High Court proceeded is that having taken all the
issues into consideration the respondents have taken a stand totally contrary
to the recommendations of the Chief of the Army Staff as well as the Ministry E
of Defence. The absence of the concerned officer from India on an assignment
in the Embassy of France, the waiver granted only for a period of six months
and other various factors taken into account are also set out in the following
terms:-
"In view of the above detailed examination of the case, CAB:is of the F
view that Lt. Gen R.S. Kadyan, VSM, be granted waiver of six months
in tenure of GOC I Corps and considered for the appointment of GOC-
IN-C Eastern Command as the Gen Offr is not completing AE criteria
due to :-
(a) Delayed repatriation from France resulting in - G
(b) Delayed placement on criteria appointment in the rank of Maj Gen.
(c) Delayed consideration for promotion to the rank of Lt Gen and
(d) Revision of 'FIT' grading to 'Deferred', which resulted in H
740 SUPREME COURT REPORTS (2000) SUPP. I S.C.R.
A (e) Further delay in consideration, approval and placement as GOC
Corps, and
(f) Application of new clause vide MOD letter of 18 Nov. 96, the
provisions of which only exclude him in 1962 batch vis-a-vis his
batch mates.
B
All the above events were beyond the control of the complainant and
were basically caused by the administrative constraints of the
organisation. Hence, the Gen Offr deserves the benefit of grant of
waiver in terms of natural justice and equal rights, clause of the law. ....
c But whatever may be the circumstances or the period for which he fell
short the waiver granted is only for a period of 6 months. If that is so,
resp11ndent No. I cannot be said to have completed the period of one year of
experience as Corps Commander. Further, Lt. General R.S. Kadyan was
considered by the Selection Board and found fit on April I0, 1997 but he
could not be promoted as Lt. General and appointed as Corps Commander
D
because of stay order passed by the Delhi High Court in the writ petition filed
by Lt. General H.S. Bagga. The said order was vacated and thereafter Lt.
General R.S. Kadyan was promoted on September 24, 1997 and he functioned
as Officer In-charge I Corps with effect from August 23, 1997 without any
•
effect on promotion, pay or any related benefits till he was actually promoted
E on September 24, 1997. Lt. General R.S. Kadyan was appointed as GOC I
Corps after the stay was vacated on September 24, 1997. Hence that period
including the period of waiver falls short of the requisite period of two years.
On 5. I0.97, respondent No. I mad~ a 'Statutory complaint that his case
should be considered on the basis of merit-cum-seniority subject to being
F found fit for promotion and ultimately prayed for the following :
(I) The decision to defer his case in connection with the selection
board met on October 31, 1996 may be reviewed and if he is
deemed to have been placed in command of a corps retrospectively
G from the date of declaration of the results of that Selection Board.
(2) In the alternative, he prayed that the stipulation of commanding
of a corps for minimum one year to become eligible for appointment
as an Army Commander under the letter dated November 18, 1996
may be waived in his case as the delay in his promotion seems
H to have been caused entirely in the interest of service. <f_
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN [RAJENDRA BABU, l.I 741
The Chief of Army Staff recommended waiver of this stipulation A
contained in the letter dated November 18, 1996 limiting to a period of six
months. Therefore, the conclusion of the High Court that he became eligible
to be considered to the higher post does not seem to be valid nor the High
Court was justified in proceeding on that basis. The conclusion of the High
Court to that extent is erroneous.
B
The ACR for the period I.I 0.1997 to 31.1.1998 is to the effect that he
considered him fit in every way to hold his present rank and also to the next
higher rank. On this basis, it is contended that the Chief of the Army Staff
... having recommended his case in the ACR as fit for promotion could not alter
the same subsequently and give a finding that such a recommendation in C
ACR will have a limited effect. The position in law is that appraisal report or
an annual confidential report is not the sole factor to be considered by the
selection authority but one of the matters to be taken note of by such
authority. We may advert to two decisions of this Court in this regard, namely,
AVM S.L. Chhabra v. Union of India, [1993] Supp. 4 SCC 441 and Union of
India v. Samar Singh, [ 1996] I 0 SCC 555. Therefore, we are of the view that D
heavy reliance placed by the High Court on the ACRs to reach the conclusion
otherwise is not justified. In deciding whether a post is a selection post or
not, one of the criteria to be considered is if it involves a comparative
assessment of officers necessarily the element of selection is involved and,
therefore, the post with which we are concerned is indeed a selection post E
although not totally ignoring a senior.
In raising an argument that respondent No. I being the senior-most
officer in the cadre was being considered for the next higher post. The post
in question being a selection post for purposes of promotion, the contention
advanced is that all the eligible candidates in that cadre should have been F
considered and consideration of only two candidates, namely, the appellant
in one of the cases and respondent No. I, alone could not meet the necessary
criteria. This contention does not also hold water because no one else has
made a complaint and the case of respondent No. I has been duly considered.
Thus the argument advanced by Shri P.P.Rao on this aspect does not stand G
to reason.
Now we come to the last aspect of the matter, namely, the manner in
which the Cabinet Secretary examined the service profiles of the two officers
in question. For purposes of convenience, we may set out the relevant
portion of the note: H
742 SUPREME COURT REPORTS (2000) SUPP. I S.C.R.
A "Lt. Gen. RS Kadyan:- He was commissioned in the Rajputana rifles
regiment of the Infantry in June, 1962 and has held various Command,
Staff and Instructional appointments. He picked up the rank of Lt.
Gen. On 24th September, 1997 and started functioning as regular
Corps Commander. The General Officer has a balance exposure in
Command, Staff and Instructional appointments. However, his staff
B experience in senior ranks from Brig. onwards is only limited to that
of Military Attachee. He has no experience of working in Northern
Command and Anny Headquarters. Since 1980 he has worked for
about 4 years in field areas. It also appears from his records that he .,
did not participate in 1962, 1965 operations. In his report of 1971,
c when he participates in the operations, there are some advisory remarks
both by the IO and RO as below:-
" ......... should be bold and aggressive in operation .... Should lead his
mean personally to difficult objectives." (Remarks by 10).
D " ........ his perfonnance as a Rifle Coy Commander in the recent
operations has been satisfactory though not upto the expected level."
(Remarks by RO).
"<'
The overall profile of the officer, especially in senior ranks has
been clearly above average. A.II the reporting officers gave him above
E average ratings with sprinkling of outstanding ratings.
As regards Cl operations, the officer has handled the same as IG
North, Assam Rifles, but he has not had experience of commanding
a regular Anny Division. His experience as Corps Commander is also
limited. He is a graduate of Staff College and has also done higher
F command courses. He is recipient of Chiefs Commendation, VSM and
AVSM. He is medical \:ategory SHAPE- I."
"Lt. Gen HRS Kalka!: - He was commissioner in Maratha Light
Infantry in June, 1962. He became Lt. Gen in Feb, 1996 and since then
he is commanding 33 Corps in the Eastern Sector. The general officer
G has rich experience in Command and Staff appointments. He has
worked both in Eastern and Northern Commands including high altitude
areas. Since 1982 he has worked for about 4 years in remote field areas
in the Eastern Sector, especially the border areas with China. He has
also held important staff assignments in Military Operations, Infantry
H and Staff Duties, Directorates in the Army Headquarters. His d....
U.0.1. v. LT. GENERAL RAJENDRA SINGH KADY AN [RAJENDRA BABU, J.) 743
p instructional experience is however limited to junior ranks only and he A
has practically no experience of CI operations.
The officer did not participate in 1962 and 1965 operations. His
report of 1971, the year in which operations took place is quite
laudatory. The overall profile of the officer, especially in senior ranks
has been clearly above average. All reporting officers have given him B
above average ratings with sprinklings of outstanding ratings. He is
a graduate of Staff College and has also done Senior Commands and
NOS Courses. He is also a recipient of AVSM. He is medical category
SHAPE-I."
The contention put forth before us is that there are factual inaccuracies C
in the statement recorded by the Cabinet Secretary in hi; note and, therefore,
must be deemed to be vitiated so as to reach a conclusion that the decision
of the Government in this regard is not based on proper material. The learned
Attorney General, therefore, took great pains to bring the entire records
relating to the relevant period which was considered by the Cabinet Secretary D
and sought to point out that there were notings available on those files which
justify these remarks. Prima facie, we cannot say, having gone through those
records, that these notings are baseless. Critical analysis or appraisal of the
file by the Court may neither be conducive to the interests of the officers
concerned or for the morale of the entire force. May be one may emphasize
one aspect rather than the other but in the appraisal of the total profile, the E
entire service profile has been taken care of by the authorities concerned and
we cannot substitute our view to that of the authorities. It is a well-known
principle of administrative law that when relevant considerations have been
taken note of and irrelevant aspects have been eschewed from consideration
and that no relevant aspect has been ignored and the administrative decisions F
· has nexus to the facts on record, the same cannot be attacked on merits.
Judicial review is permissible only to the extent of finding whether process
in reaching decision has been observed correctly and not the decision as
such. In that view of the matter, we think there is no justification for the High
Court to have interfered with the order made by the Government.
G
Before parting with the case we need to observe that considering the
nature of the sensitivity of the posts involved and that each of the officer
feeling that he did not get the best of the deal at the hands of the Government
or that the members of the force being aware who is the best is not heading
them will certainly weaken the esteem and morale of the force. Therefore, the
standards to be adopted and applied should be of the highest order so as H
744 SUPREME COURT REPORTS [2000) SUPP. I S.C.R.
A to avoid such an impression in the. force.
In the result, we allow the appeals filed by the Union of India and Lt.
Gen. H.R.S. Kalkat and set aside the orders made by the High Court and
dismiss the writ petition filed by respondent No. I.
B N.J. Appeals allowed.
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