Disclosure of confidential file notings in selection of top Army officers could be detrimental to national interest, rules AFT
Vijay Mohan
Chandigarh, October 12
The Armed Forces Tribunal (AFT) has held that confidential file notings in selection board proceedings is privileged information and cannot be disclosed to the public, including the individual concerned as it could be detrimental to the interest of the nation.
The importance of confidentiality is that the communication contained in the board proceedings, if made public, will act as a deterrent for civil servants to convey honest and forthright views which would be detrimental to the larger interest of the functioning of the government, the Tribunal said.
A Major General of the 1986 batch had moved the Tribunal challenging his non-empanelment for promotion to the rank of Lieutenant General. He had averred that he had a consistent and excellent record of service, but not afforded a fair opportunity in career progression and has been a victim of institutional apathy.
The Army had contended that the reasons recorded in the proceedings of the Special Selection Board (SSB) for not promoting the officer were “unpublished official records”, which are covered under the category of “privileged documents” and their contents are not open for communication.
“At this stage, the question arises as to whether the reason for non-empanelment of the petitioner to the rank of Lieutenant General and the recommendations and the remarks of the board / speaking orders recorded in the confidential file notings of the government can be made public ? We answer the question in negative,” the Tribunal’s Bench Comprising Justice Rajendra Menon and Lt Gen CP Mohantry ruled.
No doubts the courts have resisted from accepting the ‘sealed cover procedure’ adopted by parties, but it is to our deliberated and conscious opinion that the decisions of SSB are based on in-house deliberations of a committee of highest ranked Army officers, the business of which is conducted in utmost confidentiality with the sole purpose of selecting the best officers from the available candidates, the Bench said.
“It is our considered opinion that, in light of the principles laid down by the Supreme Court, confidential communication with respect to selection of officials to higher appointments with opinions stated by various stakeholders in their official capacity are liable to be challenged or quoted out of context, the protection granted under law for non-disclosure of privileged document is worthy of consideration in the case under examination,” the Bench observed.
The Bench referred to several judgements of the Apex Court implying that a court would not sit in judicial review over the proceedings of a selection board and that the decision of the selection committee can be interfered with only on limited grounds such as illegality or patent material irregularity in the constitution of the committee, or its procedure vitiating the selection, or proved malafide affecting the selection.
While scrutinising the internal classified file notings of the records of the defence ministry pertaining to the results of the SSB under consideration, which have been placed for our perusal only, we find that the respondents have acted as per the strict policy guidelines on the basis of reasons recorded therein, with due application of mind, without and bias or malafide, and therefore the board proceedings doesn’t warrant our interference,” the Bench ruled.
