MAJOR AROON KUMAR SINHA versus UNION OF INDIA AND ORS.

MAJOR AROON KUMAR SINHA versus UNION OF INDIA AND ORS.

Statutory or non-statutory complaints relating to ACRs must be filed within the prescribed time under Paragraphs 107 and 108 of the Instructions; complaints filed beyond that period are not maintainable and the authorities are not bound to decide such belated complaints. The appellant's complaints were filed after more than 5 years and were therefore rightly not entertained.

Parties
Appellant: Major Aroon Kumar Sinha; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
25 July 2001
Procedural Posture
Civil Appeal / Final Appellate Decision on Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Armed Forces, Confidential Reports, Annual Confidential Reports (acrs), Statutory and Non Statutory Complaints, Promotion in Armed Forces
Service Law Armed Forces Confidential Reports Annual Confidential Reports (acrs) Statutory and Non Statutory Complaints Promotion in Armed Forces

Case Brief

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Parties

Major Aroon Kumar Sinha

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appellate Decision on Appeal From High Court Order

Legal Issues

  1. 1 Whether complaints against adverse ACRs filed beyond prescribed time are maintainable under Army Instructions and Army Act, 1950
  2. 2 Whether appellant suffered injustice due to non-consideration or partial consideration of his complaints regarding ACRs

Ratio Decidendi

Statutory or non-statutory complaints relating to ACRs must be filed within the prescribed time under Paragraphs 107 and 108 of the Instructions; complaints filed beyond that period are not maintainable and the authorities are not bound to decide such belated complaints. The appellant's complaints were filed after more than 5 years and were therefore rightly not entertained.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs