In Brief
A retired Army officer who was wrongfully prosecuted and imprisoned by General Court Martial was later exonerated and reinstated with consequential benefits. He sought promotion to Brigadier as part of 'consequential benefits,' arguing his juniors had been promoted. The Supreme Court held that 'consequential benefits' from annulling wrongful prosecution cover only quantifiable losses (salary, emoluments), not selection-based promotions dependent on comparative merit. The Selection Board's cumulative assessment finding him unfit for Colonel-rank promotion was within its expertise and not reviewable on merit. Courts cannot interfere with Selection Board decisions absent illegality, procedural irregularity, or proved mala fides. The officer's appeal was dismissed; he retained his time-scale Colonel promotion earned through 26 years of service.",
The lawyer headnote and full judgment text are available to registered users.