Competent authority can modify or reject recommendations by selection boards without giving reason if matter in public interest, rules AFT
Vijay Mohan
Chandigarh, January 13
The Armed Forces Tribunal has held that the Appointments Committee of the Cabinet (ACC) has the authority to modify or reject the recommendations made by the service selection boards for promotion to higher ranks without assigning any reason if it is in public interest.
Dismissing the plea of a Major General from the Remount and Veterinary Corps (RVC), who was aggrieved by his non-empanelment by the Special Selection Board (SSB) to the rank of Lieutenant General only because of his medical category, the Tribunal observed that recommendations of departmental promotion committees or selection boards are advisory in nature and such recommendations were not binding on the appointing authority and that it was open to differ in public interest.
The Major General had contended that he was in a promotable medical category in accordance with the Army’s policies. He had been recommended for promotion by the SSB and the Department of Military Affairs in the defence ministry, but it was rejected at the level of ACC, for which no reason was communicated.
He also averred that he had an outstanding career profile and as far as his medical status was concerned, he was asymptomatic and had no physical disability. Had he been promoted, he would have become head of the RVC.
The Tribunal said that as per the relevant provisions of Regulations for the Army, the competent authority had inherent powers to modify, review, approve with variation of repeal the recommendations made by selection boards.
Referring to an earlier judgment of the Supreme Court that held that public interest, policy change, the conduct of the expectant or any other valid or bonafide reason given by the decision-maker may be sufficient to negative the ‘legitimate expectation’, the Tribunal ruled that the contentions of legitimate expectations are not applicable in this case.
“We conclude that the ACC was justified in their action in not have approved the recommendation of the Service Headquarters and MoD as the approving authority is authorized to accept, modify or repeal the recommendation of a selection board,” the Tribunal’s Bench comprising Justice Rajendra Menon and Lt Gen PM Hariz said in their recent order.
“In this case, the ACC is not required to provide reasons for their action which has been taken in public interest as the applicant, if empanelled, would have been the head of the Remount and Veterinary Corps,” the Bench added.
