[Resolved]  Indian Army — grant of approved promotion to the rank of hav for no 15356933m naik (acting l/hav) ishwar singh (retd) signals withheld due to civil case

Address:

482001

The general officer commanding-in-chief,
Hq, south western command, jaipur.

The chief signal officer
Hq, south western command, jaipur.

Subject :- grant of approved promotion to the rank of hav for no 15356933m naik (Acting l/hav) ishwar singh (Retd) signals withheld due to civil case but acquitted after retirement on 06 sept 2013 by additional district session judge, khetri, jhunjhunu (Rajasthan).
Respected sir,
1- with due respect, i wish to submit that i was enrolled in corps of signals (Army) on 24 nov 1986 in trade of technician of electronic radio. During the service i carried out my duties with the all dedication and devotion towards the service and maintained an outstanding career profile as well as service record. I had served in most difficult areas in j & k and carried out my duties without any late up on my part of any time. I was promoted to the rank of naik on 01 april 1996 while serving in the 18 inf div sig regt.

2- while i was on leave, during leave a scuffle took place between two sides during a marriage ceremony at my village.in which about 40 to 45 peoples were involved from both sides on 22 may 1997. Consequently fir were lodged at police station - buhana, dist - jhunjhunu by the both the parties. Since i was on leave and being in service my name was also including in the fir no 74/1997 lodged by the opposite party along with 24 others. Although i was not involved in the scuffle altercations. I was neither arrested nor any summons was sent to me by the police or by the any court.

3- being a sincere indian soldier i did apprise on return from leave my commanding officer 55 (I) inf bde gp sig coy about the incident.

4- during the year 2000, i was approved by the promotion to the rank of hav but the commanding officer 55 (I) inf bde gp sig coy did not promote me on the plea that i was involved in a civil case. Later i was transferred to 12 inf div sig regt on 10 aug 2000. However my promotion was again deferred. Further again i was subsequently transferred to 25 inf div sig regt on 15 jan 2004 and same was repeated again.

5- later i was lastly posted at south west comd comp sig regt on 02 may 2005. Where the commanding officer, south west comd comp sig regt intimated to records that their no correspondence an intimation from the police or by the court regarding my involvement in any case and as such i should be promoted to the rank of hav. My case was investigated and it was found their i was not involved in any disciplinary case.

6- i requested oic records for giving me my promotion of the rank of hav as i had qualified all requirements for the same but got no response. I had also qualified course map reading-1 & technical trade (Ter) class-1 for the promotion of the rank of naib subedar. I was carry out my duties of l/hav wef 15 feb 2000 onwards all my dedication & devotion towards the service. However i was retired on service on 01 may 2006 in rank of naik instead of hav.

7- on reaching home, after my retirement i learnt that everyone involved in the case in both the firs lodged the both parties, have already been acquitted long back, but since i was not present in the court at the time of their acquitted. My name was kept pending as such i appeared in the court on 12 jun 2006 & i was also acquitted by the court on 06 sep 2013. Similar order as order in earlier cases of fir lodged at police station buhana (Copy of the order is included) was issued in my case as well.

8- sir, it would be seen that i was implicated without my involvement in the above incident and i was acquitted by the hon’ble court but my promotion was unduly withheld by the army (Signals) authorities not only this even by the commanding officer, south west comd comp sig regt letter no 2696/ca-7/t-7/113 dated 21 sep 2005 vide his letter no. 15356933/is/pc/78 dt 08 november, 05, had intimated that the individual is not involved in disciplinary case but still i was denied my legitimate right to promotion to the rank of hav for which i was already approved.

9- i may add that name of another soldier was also included in the same fir and he was given his promotion (Gnr tara chand retired from 168 fd regt as retired in the rank of sub major).
10- since i have already been retired in the rank of naik. I request that i should be granted promotion to the rank of hav from the date my junior was promoted rank of hav and i be awarded all consequently financially benefits. As within holding my promotion was illegal in view of supreme court judgment in case o[censored]nion of india vs k v janki raman air[protected].
11- thanking you for an early action please.
Yours faithfully

No[protected]m l/ havildar (Ter-1)
Station :- jaipur ishwar singh (Retd)
Dated:- sept 2017 234, officer’s campus extn, sirsi road
Khatipura, jaipur (Rajasthan) pin no-302012
Mobile no-[protected], land line no[protected]
Encls:-
1. Photo copy of supreme court judgment in case o[censored]oi vs kv janki raman air[protected].
2. Photo copy of original ppo no - s/18503/2006 (Army) dt 23 march 2006.
3. Photo copy of co, swccsr letter no - 2696/ca-7/t-7/113 dt 21 sept 2005.
4. Photo copy of fir no 73 & 74/1997 at police station - buhana, dist - jhunjhunu (Raj).
5. Photo copy of adj court, khetri (Jhunjhunu) decision dated 06 sept 2013.
6. Photo copy of character certificates issued by signal records & co of various units.
7. Photo copy of discharge book, technical class -1 & map reading-1.
Copy to:- you are requested to take necessary action in the matter please.

1. The oic signals records, jabalpur (Mp) pin -482001
2. Commanding officer
South west comd sig regt (Mother unit for local adm of regtl pers)