VidhiSangh

Supreme Court of India · 26/02/2024

CDR SEEMA CHAUDHARY versus UNION OF INDIA AND OTHERS

[2024] 2 S.C.R. 820 · 2024 INSC 147

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A Navy officer’s review succeeded because her appeal had been restored to the Armed Forces Tribunal on an issue that did not arise in her case. Applying the earlier binding directions on Permanent Commission, the Court ordered her to be reconsidered alone, without comparison to later batches or reliance on uncommunicated appraisal reports.

Issues

  1. Whether the prior Supreme Court order restoring the officer’s appeal to the Armed Forces Tribunal should be recalled when the sealed-cover natural-justice issue addressed there did not arise in her case.
  2. Whether the officer could be considered for Permanent Commission together with later batches despite the earlier directions requiring consideration of serving officers under the existing policy and Regulation 203.

Provisions considered

Held

Result

Review petition disposed of; the prior order was recalled as it related to the petitioner, and the Selection Board was directed to reconsider her case for Permanent Commission by 15 April 2024. She remained free to pursue legal remedies against any later decision; her pending AFT proceedings were to stand disposed of.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 820.