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Service & Administrative LawSupreme Court of India

Lt. Col NK Ghai (Retd.) v. Union of India

Civil Appeal · 2025 INSC 750Decided 21 May 2025
Civil Appeal No. 4653 of 2018
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

The appellant, a Territorial Army officer commissioned in 1978, was repeatedly denied promotion to the rank of Colonel between 2000 and 2003 after being graded 'Z' (unfit for promotion) in five successive Selection Board proceedings. He filed statutory and non-statutory complaints, and eventually a petition (later transferred to the Armed Forces Tribunal) alleging he had been unfairly passed over while another officer (respondent No. 2) was promoted. The Tribunal dismissed his case in 2017, and he appealed to the Supreme Court.

Decision Breakdown

The Court examined the sealed Selection Board records and found the appellant was indeed graded 'Z' in all five board proceedings between 2000 and 2003. However, it discovered that in the June 2001 selection round, respondent No. 2 had also initially been graded 'Z' but the Chief of Army Staff (COAS) later exercised his power under the Defence Services Regulations to upgrade that grading to 'B', resulting in his promotion. Since the same reconsideration was never extended to the appellant for that same round, the Court held this was unequal treatment and directed the COAS to reconsider the appellant's June 2001 grading within three months, while otherwise upholding the Tribunal's decision.

Lesson Learnt

Where a competent authority has discretion to override or upgrade a selection outcome for one candidate in a batch, fairness requires that the same reconsideration process be applied equally to other similarly placed candidates from the same selection round.

Lt. Col NK Ghai (Retd.) v. Union of India – Legal Case Shots | LegalAware