Tribunal stays Judge Advocate Gen’s selection

Vijay Mohan

Tribune News Service

Chandigarh, January 18

The Armed Forces Tribunal has stayed the selection and appointment of the Judge Advocate General (JAG), a Major General who heads the Army’s legal department, after observing that an adverse judicial order had been passed against the professional conduct of the officer approved for promotion.

In his petition challenging the selection process to the Army’s top legal post, Brig DK Ahluwalia had also contended that his comparative merit was better than the officer approved for promotion, and that stipulated regulations on promotion were violated by the Army.

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“We stay the selection and appointment... in case the respondent has been promoted, he shall not be permitted to discharge duties... in view of observations made by the Tribunal’s Chandigarh Bench,” a Bench comprising Justice DP Singh and Air Marshal BBP Sinha ruled.

This is not for the first time that the appointment of the JAG has been mired in controversy. In the past there have been several instances where contenders for the top legal slot have sought judicial redressal.

The Chandigarh Bench had earlier passed an adverse order over the conduct of the respondent and imposed costs of Rs 25,000. The Central government had not challenged the Tribunal’s order in a higher judicial forum.

The Bench also held that from perusal of comparative merit, it has not been disputed by the Union of India that apparently the career of the applicant is “multi-time better” than that the approved officer. While holding that there appears to be, prima facie, a case for grant of interim relief and the fact that the balance of convenience is in favour of the petitioner, the Bench directed that it shall be open to the respondents to proceed de novo and implement the order of the Chandigarh Bench to clear the cloud and make interim arrangements.