Delhi High Court Directs Army to Consider Major General for Promotion Before Retirement, Citing “Arbitrary and Illegal” Actions
In a landmark judgment, the Delhi High Court has ordered the Indian Army to reconsider the promotion of Major General Vinayak Saini to the rank of Lieutenant General before his retirement on October 30. The court overturned a previous ruling by the Armed Forces Tribunal (AFT), finding that Maj Gen Saini was not considered for promotion in an “arbitrary and illegal manner.”
The court emphasized that the officer’s promotion was unjustly withheld due to pending statutory complaints regarding his Annual Confidential Reports (ACRs). The delay in addressing these complaints effectively denied him fair consideration during the Special Selection Board (SSB) in February 2023.
Despite the Army’s argument that no vacancies exist in the Corps of Engineers before Maj Gen Saini’s retirement, the court rejected this stance, noting that the timing of the ACR review process appeared deliberately delayed to obstruct his promotion. The High Court highlighted the need for immediate corrective action to avoid the officer’s unjust deprivation of his rightful promotion.
The decision underscores the importance of transparency and fairness in military promotions, ensuring that officers are evaluated based on merit and not subject to administrative delays or arbitrary decisions.
