AFT quashes Brig’s censure orders, grants promotion

Vijay Mohan

Tribune News Service

Chandigarh, April 1

Over four years after a Brigadier was “severely reprimanded” for procedural lapses while posted as the commandant of the Kumaon Regimental Centre, Ranikhet, the proceedings against him have been set aside. The Armed Forces Tribunal (AFT) has ordered that the officer be granted the notional promotion to the rank of Major General along with consequential benefits.

The AFT’s Chandigarh Bench comprising Justice SS Thakur and Air Marshal SC Mukul, while holding that defence personnel could not be treated as second-rate individuals and deserved all protections available to other citizens, today also granted similar relief to Lieutenant Colonel Vijayant Mahadik in the same case. It directed that the Lieutenant Colonel be considered for promotion to the rank of Colonel as a fresh case.

In October 2010, the Army had awarded the punishment of “severe displeasure” to Brig Bhupinder Singh after a court of inquiry (CoI) had indicted him on several counts of financial and procedural irregularities. The CoI was convened on the basis of an anonymous complaint received by the Army a few days after he had been approved for the promotion to Major General. Consequently, he could not pick up his rank and retired a few months later.

Three officers were awarded similar censure orders in 2010 by the GOC-in-C, Central Command, for lapses such as lack of supervision leading to release of more than the authorised quota of liquor from the canteen and lack of proper adherence to instructions while purchasing yarn etc. Besides the aforementioned officers, it included another Brigadier. The officers filed statutory complaints against the orders. While the severe reprimand of the other Brigadier was converted into a non-recordable censure and he was, thereafter, promoted to Major General, no such relief was given to the other two.

They challenged the orders maintaining that the mandatory Army Rule 180 was not complied with and the proceedings were held behind their back, besides the same yard stick was not applied for all officers.