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Filling of AO in AFT Delhi
27-Sep-2023 (In Armed Forces Tribunal Law)
Sir
I have completed 20 years of service as a Clerk. I had filed statutory complaint on 24 APR 16. Now stat complaint is under process with Corps HQ. Recommends of OIC records recommended to be rejected stated that lacks merits. My ACR for the year 2001 was graded Average by IO and RO and non recommended for promotion. IO had mentioned an 'Average NCO' in pen picture and RO as 'Barely NCO' without any warning and councelling. Under the provision of Para 41 of Army AO 7/95 that non recommended for further promotion and graded Average will be justified in pen picture by initiating/Reviewing Officer. The same was not done in above ACR. May request to Lawrato.com may please give me advise how many changes for won the case. My ACR grading reads thus. 2000 IO and RO AA first ACR
2001 IO and RO A and NR ; 2002 anothe IO AA(7) and same RO HA(5); 2003 IO and RO AA. 2004 IO and RO AA. 2005_2009 HA and 2010_2015 AA by IO and RO.
Yours is a fit case to move to Armed Forces Tribunal. Delhi High Court in one of such case has held - "the award of an 'average' grading to the petitioner in the year 2001 has to be treated as adverse and therefore compulsorily communicable and also makes it necessary on the part of the respondents to give the petitioner an opportunity to represent against it as it renders him ineligible for promotion as Naib-Subedar. It is also held that in the absence of communication of the down graded entry of the year 2001 awarded by the Reviewing Officer which resulted in depriving the petitioner of an opportunity to show-cause and to represent against the same, it could not have been considered in the DPC which met in April, 2006 for considering his case for promotion on the post of Naib-Subedar."
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Adv. Anand Kumar
Delhi | 100+ Answers
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You can only approach AFT if due process of law has not been followed and you exhaust all remedies in service. In your case if the ARs have been given without following the stipulated process then you can approach AFT for remedy.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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