Promotion

Amardeep (Querist) 25 September 2010 This query is : Resolved
is there any rules or regulations for Commanding Officer's to guide them to recommend any person for Promotion in Annual Confidential Report , and Can any one Challenge the Commanding Officers Decision in the civil Court ?

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Ajay Bansal (Expert) 25 September 2010
COMMANDING OFFICER CAN RECOMEND PROMOTION.HOWEVER THE PROMOTION COULD BE MADE ONLY ON BASE OF LEANGTH OF SERVICE.IF THIS HAS NOT BEEN DONE,THEN THE CIVIL COURT CAN INTERFERE INTO THE MATTER.

s.subramanian (Expert) 25 September 2010
The commanding officer is guided by the manual containing the rules and regulations and the circulars also relating to the selection for promotion. If there is any violation,the remedy lies under Sec.14 of the Armed Forces Tribunal Act,2007. You cannot approach the regular civil court. Sec.33 of this Act ousts the jurisdiction of the civil courts in such service matters of the Armed Forces. This Act came into force on 25.12.2007.

s.subramanian (Expert) 25 September 2010
It will be appropriate for you to challenge the same before the Armed Forces Tribunal by filing an application under Sec.14 of the Armed Forces Tribunal Act,2007.

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