IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.717 of 2009 IC 37715N COL.RAKESH KR.CHADHA, son of late K.S. Chadda, Resident of H.Q. Jharkhand/ Orissa/ Bihar Sub-area , Danapur Cantt. Danapur...... . Petitioner Versus 1. THE UNION OF INDIA , through the Military Secretary, Integrated Head Quarters of Ministry of Defence (Army), DHQ P.O. New Delhi- 110011 2. The Chief of Army Staff Integrated Head Quarters of Ministry of Defence ( Army ) DHQ, P.O. New Delhi-110011 3. Military Secretary, South Block, Integrated Head Quarters of Ministry of Defence (ARMY) DHQ, P.O. New Delhi-110011. 4 The Commander, Jharkhand, Orissa and Bihar Sub- Area, Danapur Cantt, District Patna........ respondents. -------- For the petitioner :- MR. B.P. Pandey, Sr. Advocate & Mr. S.C. Giri Advocate For the Union of India :-Mr. Sarvadeo Singh, C.G.C. 2 17-3-2009 Learned counsel for the petitioner submits that petitioner as a serving Colonel in Indian Army, has filed a statutory complaint against the non-empanelment for promotion and the same has been countersigned and apparently forwarded by the concerned Brigadier on 18th August, 2008 as appears from the statutory complaint contained in annexure-1. Learned counsel, at the present stage, has confined his submission and grievance against non-disposal of the statutory complaint. It was submitted that suggested time framed for processing such complaint in Defence Service Regulation of Army 1962 is only 90 days but much more time has elapsed without any information regarding final decision on petitioner’s statutory complaint contained in annexure-1. He has prayed that the writ - 2 - Naresh petition may be disposed of with a direction to the concerned respondents including respondent nos.2 and 3, the Chief of Army Staff and the Military Secretary at New Delhi, to ensure disposal of petitioner’s statutory complaint urgently and without any delay. Learned counsel for the Union of India has no objection to disposal of the writ petition in terms suggested above. Accordingly, the writ petition is finally disposed of with direction to the respondents to take a final decision in respect of statutory complaint lodged by the petitioner at an early date and preferably within six weeks from the date of production/communication of a copy of this order. ( Shiva Kirti Singh,J)