Held guilty for non-compliance, top MoD official summoned by AFT to decide on punishment
Holding the top functionary of the Department of Ex-servicemen’s Welfare in the Ministry of Defence “guilty” of contempt for failing to execute orders of the of the Armed Forces Tribunal (AFT) even five years after they were passed, the AFT’s Chandigarh Bench has directed his personal appearance in court for further proceedings on the quantum of sentence.
In February 2020, the AFT had allowed a petition filed by one Milap Chand seeking service benefits. However, the orders of the Tribunal were not implemented, prompting him to move an application before it for execution.
During hearings on the application, the Tribunal observed that an affidavit filed by the Secretary, Department of Ex-Servicemen Welfare, showed that an unconditional and unambiguous apology has been tendered for non-execution of order under execution.
It further stated that order of courts and tribunals not involving any financial implication have to be implemented by the Service Headquarters. However, orders which are contrary to government regulations, policies or the law declared by the Supreme Court have to be challenged in accordance with law.
The affidavit averred that the responsibility for the same has been delegated to the respective Service Headquarters and the Department of Ex-Servicemen Welfare is only a regulations making Authority. Thus, there was no wilful default.
The order under execution has been challenged vide a civil writ petition in the High Court in 2025 and the same is presently pending. No stay has not been granted by the High Court on implementation of the Tribunal’s orders.
Holding that in accordance with the settled legal position, the order under execution cannot be held in abeyance, the Bench of Justice Sudhir Mittal and Lt Gen Ranbir Singh rejected the explanation given in the affidavit.
“Secretary, Department of Ex-Servicemen Welfare, is held guilty of wilfully violating the order dated February 25, 2020. The fact that the writ petition has been filed only in the year 2025 shows the seriousness with which orders passed by this Tribunal are treated,” the Bench ruled in their order of April 30.
“Accordingly, ‘Wilful Disobedience’ is evident. Adjourned to May 16, 2025, to enable the contemnor to remain present in person for arguments on the quantum of sentence,' the Bench further directed.
Non-implementation of AFT orders and filing appeals against petitions allowed in favour of defence personnel, even in cases where the law has already been settled by the Supreme Court, has been a long-standing issue, with thousands of pending cases. In August 2024, the AFT’s larger Bench had ruled that the Tribunal had powers to initiate criminal contempt against officials in cases of wilful non-compliance or orders.
