The Army is bound to follow applicable policy in promotions; SC.

Supreme Court of India

JUSTICE L. NAGESWARA RAO & JUSTICE HEMANT GUPTA

The SC { BRIG. NALIN KUMAR BHATIA v. UNION OF INDIA AND ORS.} holds that there is no presumption that a decision taken by persons occupying high posts is valid. All power vested in the authorities has to be discharged in accordance with the principles laid down by the Constitution and the other Statutes or Rules/Regulations governing the field. It was held that the judicial scrutiny of a decision does not depend on the rank or position held by the decision maker. The Court is concerned with the legality and validity of the decision and the rank of the decision maker does not make any difference.

While setting aside the Armed Force Tribunal order, it was held by the SC that the non-empanelment of the Appellant for promotion as Major General is contrary to the promotion policy. He is entitled for reconsideration for empanelment by a Review Selection Board strictly in accordance with the promotion policy by keeping in mind the observations in the present judgment. The Respondents were directed to complete this exercise within a period of six months. 

In the present case, the question falling for consideration before the SC was whether the non-empanelment of the Appellant for promotion to the rank of Major General was contrary to the promotion policy.