Brigadier’s 17-year wait ends: Tribunal orders notional promotion to Major General
He contended before the tribunal that although no reason was given for denying him promotion, he learnt that it was due to the pendency of disciplinary proceedings against him
Seventeen years after the promotion of a Brigadier was stalled, the Armed Forces Tribunal (AFT) has directed that he be notionally promoted to the rank of Major General after holding that a disciplinary case which the officer had faced was initiated much later than the date he was supposed to be elevated to the higher rank.
Brig Anil Kayastha, an Army Medical Corps officer of August 1975, was approved for promotion to Major General by a Selection Board held in October 2008, but was not given the next rank when the vacancy accrued on May 1, 2009 following the retirement of another Major General.
He contended before the tribunal that although no reason was given for denying him promotion, he learnt that it was due to the pendency of disciplinary proceedings against him. At the time of his selection and on the date he was supposed to be promoted, there were no disciplinary proceedings pending against him, nor was he under any ban by the Discipline and Vigilance (DV) branch.
He said that on the basis of an anonymous letter, a Court of Inquiry was initiated against him in December 2008 when he was posted at Headquarters 11 Corps in Jalandhar. Cognisance of the matter was taken by the competent authority on June 23, 2009 and a charge sheet under Section 63 and Section 52(f) of the Army Act, pertaining to violation of good order and discipline, and intent to defraud, was issued against him.
A DV ban was imposed on the officer on May 12, 2009. He was later tried by a General Court Martial (GCM), which held him guilty on four out of six charges involving procurement of medical supplies. The verdict of the GCM is also under challenge separately.
“DV ban was imposed on the officer on May 12, 2009, which is much after the date on which he should have been promoted to the rank of Major General. Denial of the promotion because of DV ban was thus illegal,” the bench of Justice Sudhir Mittal and Lt Gen Ranbir Singh said in their order of February 18.
Ruling that the officer was entitled to the grant of notional rank of Major General with effect from April 1, 2009, the bench said that the promotion is being given on a notional basis because otherwise it would have a cascading effect on officers’ junior to the him and regularly promoted.
“Their seniority and related matters, which stand settled as on date, would be upset to their disadvantage without an opportunity of hearing. This would complicate matters no end,” the bench said while making it clear that its orders on notional promotion would not have any effect on the proceedings related to the court martial.
