AFT remits dismissal of Colonel for having affair to two years’ loss of seniority

The Armed Forces Tribunal has reduced the sentence of a Colonel who was dismissed from service by a General Court Martial (GCM) for having an improper relationship with a junior officer’s wife to loss of two years’ past service for the purpose of pension and a severe reprimand.

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The sentence of loss of service and reprimand was originally handed down to the Colonel, but was later enhanced to dismissal after the GCM’s convening authority asked the court to revise its findings on review of the proceedings.

The Tribunal’s Chandigarh Bench comprising Justice Sudhir Mittal and Lt Gen Ranbir Singh held that no reasons whatsoever have been given by the GCM on imposing a higher sentence and the GCM could have chosen to order dismissal by considering the revisional order to be a direction to pass such a sentence.

The officer had averred before the Tribunal that there were procedural infirmities during the entire process and the findings of the GCM were perverse as the evidence on record did not support them. He had also claimed that revisional order was illegal as the confirming authority had exceeded its jurisdiction by issuing directions that usurped the GCM’s authority.

The officer was posted at Bathinda military station when he allegedly got into an improper relationship with the wife of a Lieutenant Colonel posted in the same office. He had been caught late night with the lady in her house while her husband was away. A complaint in this regard was made to the higher authorities.

A court of inquiry was convened to investigate the allegations, following which he was charged under Section 45 of the Army Act for behaving in a manner unbecoming his position and the character expected of him. It carries a maximum sentence of cashiering from service.

In November 2018, the GCM awarded two years’ loss of seniority and reprimand to the Colonel and then in March 2019, re-assembled and after “attentively considering the observations of the confirming authority”, revoked the earlier sentence and ordered dismissal from service.

“In view of the above, the sentence of dismissal from service is remitted in whole and is replaced with the earlier sent found by the GCM to be commensurate with the gravity of the offence,” the Bench ruled in their order of May 30.

The Bench added that since the officer has now crossed the age of superannuation, he shall not be reinstated, but will be notionally treated to be in service up to the date of his actual retirement and will be paid pension and other benefits accordingly.