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Supreme Court Partially Allows Appeal of Brigadier in ACR Dispute, Directs Reconsideration of Promotion. The Court upheld expunction of biased ACR ratings but declined to interfere with the first ACR, affirming the Tribunal's order for promotion reconsideration.

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2026-07-19 09:48:37

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Case Details

2025 INSC 685

Civil Appeal No. 4655 of 2023

2025-01-01

Abhay S. Oka, J.

2025 INSC 685

Brig Sandeep Chaudhary

Union of India & Ors.

Nature of Litigation

Service dispute regarding Annual Confidential Reports (ACRs) and promotion to Major General.

Remedy Sought

Appellant sought expunction of two ACRs and reconsideration of promotion to Major General.

Filing Reason

Appellant alleged bias and mala fides by the reporting officer in ACRs, leading to non-empanelment for promotion.

Previous Decisions

Armed Forces Tribunal partially allowed the original application by expunging QsAPs and Box gradings in the second ACR (07/18 to 06/19) and directing reconsideration of promotion; rejected leave to appeal.

Issues

Whether the Tribunal erred in not expunging the first ACR (12/17 to 06/18) despite finding bias in the second ACR. Whether the appellant's promotion to Major General should be reconsidered after expunction of biased ACR.

Submissions/Arguments

Appellant argued that both ACRs were similarly biased and should be expunged; the fourth respondent had a premeditated intent to harm his prospects. Union of India argued that the Tribunal provided cogent reasons for not interfering with the first ACR; the second ACR was rightly expunged due to bias.

Ratio Decidendi

The Tribunal's finding of bias in the second ACR was justified based on the IO's lower ratings in the undisclosed portion, indicating an intent to affect the appellant's prospects. However, the first ACR was not similarly expunged as the Tribunal provided cogent reasons. The direction for reconsideration of promotion was affirmed.

Judgment Excerpts

The assessment of QsAP is indicative of the potential of the ratee for his suitability in higher ranks in future, if promoted. By maintaining similar figurative gradings on the disclosed part of the ACR, the reporting officers have intended to indicate the ratee that there is no downward trend in his performance whereas in the portion of the ACR that is not disclosed to the applicant the report has distinctively indicated the intent to affect lower figurative ratings intentionally masked from the knowledge of the applicant.

Procedural History

The appellant filed statutory complaints in 2019 and 2020, which were rejected. A non-statutory complaint in August 2021 was rejected in January 2022. He then filed Original Application No. 125/2022 before the Armed Forces Tribunal, which partially allowed it on 26 April 2023. The appellant's application for leave to appeal was rejected on 25 May 2023. He then appealed to the Supreme Court.

Acts & Sections

Army Order 02/2016/MS:

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Supreme Court Partially Allows Appeal of Brigadier in ACR Dispute, Directs Reconsideration of Promotion. The Court upheld expunction of biased ACR ratings but declined to interfere with the first ACR, affirming the Tribunal's order for promotion reconsideration.

Case Details

Nature of Litigation

Remedy Sought

Filing Reason

Previous Decisions

Issues

Submissions/Arguments

Ratio Decidendi

Judgment Excerpts

Procedural History

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