Robinson V V vs Union Of India And Others

On advance notice, Mr. Rajeev Kumar, Advocate appears for the respondents.

This application has been filed by the applicant with the following reliefs :

(a) To call for all the relevant records of the DPC held in the month of December 2019, including Policy of JCOs promotion issued by AG

Branch, IHQ of MOD (Army), based on which the applicant has not been empaneled for promotion to the rank of Subedar Major.

(b) Direct the respondents to hold a supplementary DPC to compare the merit of the applicant, without keeping in view the award of

'Displeasure', with the JCO lowest in merit out of the JCOs empaneled for promotion by the DPC held in December 2019 and issue

promotion order in favour of the Applicant with his original seniority and all consequential benefits, if he is found to be higher in merit as

compared to the last JCO in merit empaneled for promotion.

A preliminary objection is raised by the learned counsel for the respondents to say that the cause of action for the entire matter arose before the

Regional Bench at Kochi in view of the fact that the applicant was posted in Kochi and no decision or action has been taken within the jurisdiction of

the Bench by any Competent Authority. However, Shri Rajendra Kumar, learned counsel for the applicant, invites our attention to the impugned order

dated 08.05.2020 placed at Page 22 of the paper-book and submits that a Non- Statutory Complaint has been filed by him before the Chief of the

Army Staff, which has been forwarded to the Chief of the Army Staff and as no decision has been taken, the Principal Bench has jurisdiction to deal

with the matter. In our considered view, as on date, the impugned order and the entire action has been taken against the applicant was before the

Regional Bench and nothing happened within the territorial jurisdiction of the Principal Bench at New Delhi.

It is not the prayer of the applicant that a direction should be issued to the Headquarters/Chief of the Army Staff to decide his Non-Statutory

Complaint. In our considered view, in the absence of such a prayer being made, no cause of action has arisen within the territorial jurisdiction of this

Bench and the ingredients necessary for invoking jurisdiction of this Bench are not available. On such observations being made by the Bench, learned

counsel, Shri Rajendra Kumar, submitted that he may be permitted to amend the prayer clause and seek a direction to the Chief of the Army Staff to

decide his Non-Statutory Complaint in accordance with the law. We allow the oral prayer made in this regard and direct Shri Rajendra Kumar to

implead the aforesaid prayer within ten days from today. We further direct that on applicant's filing certified copy of the order along with copy of the

application under Section 14 of the Armed Forces Tribunal Act, 2007 and other relevant documents, the matter shall be placed before the Chief of the

Army Staff and the NonStatutory Complaint of the applicant, as detailed in the pleadings, be decided within a period of sixty (60) days from the date

of receipt of copy of the order and indicate the decision so taken to the applicant.

With the aforesaid, for the present, OA stands disposed of. Copy of this order be given `Dasti'.