30 yrs on, AFT finds Capt’s orders were vitiated | Sanjha Morcha website basically designed to facilitate veterans to read defence related print media news , reproduced from various National/Regional /International Newspapers and Magazines and Videos related to welfare of defence personnel. click link below to open website.

Vijay Mohan

Tribune News Service

Chandigarh, October 18

Thirty years after an Army Captain was convicted by a general court martial (GCM), the trial has been set aside after the Armed Forces Tribunal held that the GCM’s convening order was passed in violation of rules and regulations.In 1987, a GCM under the Western Command tried Capt CS Dhumi on three charges of intent to defraud and had awarded him three-year forfeiture of service for the purpose of promotion, three-year forfeiture of service for the purpose of increased pay, three-year forfeiture of service for the purpose of pension and a severe reprimand.The officer then challenged the GCM proceedings in the Punjab and Haryana High Court and the case was later transferred to the tribunal on its inception. Setting aside the convening order and all proceedings consequent thereto, including the court’s findings and sentence, the tribunal’s Chandigarh Bench comprising Justice MS Chauhan and Lt Gen Sanjiv Chachra directed the Centre to notionally fix the pension payable to the petitioner as on the day of his superannuation by taking into account three years of service that had been forfeited in the execution of the sentence.The Bench said the petitioner would be allowed subsequent raise in pension, if any, till the pension payable to him as on date is reached and release the revised benefits within four months. The petitioner, however, would not be entitled to restoration of his seniority, chances of being considered for promotion and revised gratuity etc.He had contended that the analysis of evidence available on the GCM’s record established that the charges against him remained unsubstantiated and the prescribed procedures and canons of natural justice were flagrantly breached.The Bench observed that the chargesheet and the convening order were signed by staff officers and not the formation commander and there was no evidence on record to show that the formation commander had recorded his satisfaction with the constitution of the GCM and other allied matters. Resultantly, the convening order had not been appropriately and duly passed, the Bench ruled.

3-year forfeiture of service set aside

In 1987, a general court martial (GCM) tried Capt CS Dhumi on three charges of intent to defraud and awarded him three-year forfeiture of service for the purpose of promotion, increased pay and pension, besides a severe reprimand
The officer challenged the GCM proceedings in the Punjab and Haryana High Court and the case was later transferred to the Armed Forces Tribunal on its inception