In Brief
Col. A.D. Nargolkar, an Army officer, was awarded 'Severe Displeasure (Recordable)' and denied promotion to Brigadier based on a Court of Inquiry finding him guilty of harassment and improper conduct toward a subordinate's wife. The inquiry relied heavily on a settlement apology the Officer had given to the complainant. The Supreme Court held the inquiry violated Army Rule 180 and natural justice principles. The apology was a conditional settlement, not an unconditional admission; the complainant never substantiated allegations in the inquiry; and a covert 'discreet inquiry' report was improperly used without giving the Officer an opportunity to respond. The Court set aside the punishment, quashed the adverse findings, and directed the Officer's promotion to Brigadier with arrears of salary and full terminal benefits as Brigadier."
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