Navy chief's suggestion 'not binding'

NEW DELHI, Dec 25 (PTI) — With the unprecedented controversy over the appointment of Deputy Chief of Naval Staff (DCNS) continuing, official sources today said the Defence Ministry had serious reservation over the contention of the Navy chief that all senior-level appointments must be made on his recommendation.

Serious difference of opinion erupted with Navy chief Admiral Vishnu Bhagwat declining to implement the December 9 order of the Appointments Committee of the Cabinet (ACC) clearing the name of Vice-Admiral Harinder Singh for the post of DCNS.

The sources said the rules of promotion provided for recommendation of the Navy chief for appointment of officers of the rank of Captain and above but stressed that such recommendation need not be binding.

"Otherwise the ACC would be reduced to a rubber stamp", they said.

The crisis arose with Admiral Bhagwat asking Vice-Admiral Madanjit Singh to function as DCNS for the past 10 months without any government confirmation and not concurring with the ACC decision to install Vice-Admiral Harinder Singh in the post.

Defence Minister George Fernandes has already expressed concern over the row and said "it has to be settled within the ministry and the government".

The ministry, meanwhile, has also to take a decision on a statutory complaint of Vice-Admiral Sushil Kumar, former Vice-Chief of Naval Staff, who has been transferred to Cochin as Chief of the Naval Training Command. Three other statutory complaints filed by senior officers are also pending.

The sources said that the officer wrote to Admiral Bhagwat thrice seeking a suitable post in one of the two operational commands after the government decision to raise the retirement age across the board by two years earlier this year. The operational Western Command and Eastern Command are located in Mumbai and Visakhapatnam, respectively.

As he received no reply, Vice-Admiral Sushil Kumar, now the seniormost contender for the post of Navy chief, moved the statutory complaint airing grievances against the naval headquarters and observing that despite his seniority, he was at present the training command chief which in effect came under the Western Command. Flag Officer Commanding-in -Chief of Western Command Vice-Admiral Madhvendra Singh is junior to Vice-Admiral Sushil Kumar by two years.

On the controversy over the appointment of DCNS, the sources said going by the precedent in the past 10 years, the seniormost among the contenders was recommended for the post of DCNS.

They said no supercession had taken place in the past one decade and there was nothing on record against Vice-Admiral Harinder Singh.

On the issue of Vice-Admiral Harinder Singh’s complaint in the Calcutta High Court earlier this year that injustice had been meted out to him at the hands of the Navy chief, the sources said the court had directed that as the issue involved the Navy chief, he should not examine the matter and instead it should be looked into by the Defence Ministry.

Accordingly, the Defence Ministry examined the complaint and expunged the adverse remarks against the officer.

The sources pointed out that Admiral Bhagwat, as Rear Admiral, had filed a writ petition in the Bombay High Court in 1990 over an appointment issue contending that "appointments to decision making higher command posts have always rested on the principle that while the Chief of Navy Staff may recommend, it is the government at the level of the Defence Minister/Appointments Committee of the Cabinet which must exercise its judgement/decide and put its seal of authority based on certain principles, norms and criteria like merit-cum-seniority....."

Admiral Bhagwat had then submitted that within the constitutional and administrative structure, senior appointments should not be left to the arbitrary choice of the Navy chief.