UNION OF INDIA & Ors. v. MAJ. GEN. MANOMOY GANGULY

rank of Lt. General was declassified, in the fresh Note prepared on 23rd January 2018, there was a complete turn around. For the first time, it was mentioned in this Note that as per the criteria Lt. General (& Equiv) will be assessed for appointment of DGMS ‘in the light of their earlier experience in a particular service’. No doubt, this criteria is mentioned in the Circular dated 10th July 1992 and, therefore, there may not be anything wrong per se. However, such a realisation dawned only after coming to know that the respondent was also in the reckoning for appointment to the post of DGMS (Army) and he was the senior most officer. The manner in which this Note is written leaves a reasonable impression that the exercise was done to exclude the respondent from appointment to the post of DGMS (Army). [Para 48] [409-B-G]

2.3 Consideration of suitability for the post of DGMS (Army) as per Note dated 23rd January 2018 is not a fair and objective consideration. The respondent had adequate administrative experience while working as Major General in Southern Command, which was equally relevant, doing similar nature of duties from which he has gained sufficient experience making him aptly suitable for the post of DGMS (Army). In the past, officers who are appointed to the post of DGMS (Army) were not necessarily those officers who had earlier worked in the environs of the IHQ of the MoD. Therefore, there has not been any proper and valid consideration in applying the criteria of ‘inter se seniority and suitability.’ [Para 48] [410-C-E]

2.4 However, the direction of the Tribunal that the respondent be straightaway appointed to the post of DGMS (Army) may not be proper. While setting aside this direction, the case is remitted back to the Raksha Mantri. [Para 50] [411-F, H]