VidhiSangh

Supreme Court of India · 14/12/2023

UNION OF INDIA & ORS versus AIR COMMODORE NK SHARMA (17038) ADM/LGL

[2023] 16 S.C.R. 1026 · 2023 INSC 1074

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Summary

The Supreme Court set aside an Armed Forces Tribunal direction to frame a separate promotion policy for JAG (Air) and continue the officer beyond retirement pending consideration under it. The Tribunal exceeded its statutory role. The officer’s challenge to the method of promotion also failed because he raised it only after participating unsuccessfully.

Issues

  1. Whether the Armed Forces Tribunal could compel a new promotion policy and continuation beyond superannuation.
  2. Whether the officer could challenge the selection method after unsuccessful participation.

Provisions considered

Held

Result

Union’s appeal allowed. The Armed Forces Tribunal’s judgment and order were quashed and set aside. Interlocutory applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 1026.