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Vijay Mohan

Tribune News Service

Chandigarh, May 13

Taking a critical view of the Army’s promotion process, the Armed Forces Tribunal (AFT) today ordered that an officer promoted to the rank of Lieutenant General be demoted to Brigadier, two rungs below the current rank, with immediate effect for misrepresenting facts before the selection board.Lt Gen NK Mehta from the Army Ordnance Corps had been elevated to the rank of Lieutenant General a few months ago. In February, during the course of the proceedings, the tribunal had made similar ruling on the officer’s demotion. The Supreme Court had then stayed the orders.The tribunal has also imposed a cost of Rs 50 lakh on the Union of India and Rs 5 lakh on the officer, which shall be remitted to the Army Central Welfare Fund for the welfare of troops. The AFT’s order can be challenged in the next higher judicial forum.The tribunal’s Bench, comprising Justice DP Singh and Air Marshal Anil Chopra, has held that the promotion of Lt Gen Mehta from the rank of Brigadier to Major General on the basis of a previous AFT order was not tenable due to concealment of facts from the court. The tribunal has also faulted the Ministry of Defence for its acts of omission and commission in the selection process.Directing that a copy of the order be sent to the offices of the Prime Minister, Defence Minister and Defence Secretary within three days for appropriate action, the tribunal also ruled that it would be open to the government to hold an inquiry and proceed in accordance with law against the persons who were responsible for the unfair practice in the Ministry of Defence or in the Army.“The controversy involved in case is indicative, prima facie to some extent, of the administrative failure in the mechanism provided for promotional avenues for higher ranks in the Army on account of omission and commission on the part of the administrative machinery, which may be actuated by extraneous reasons, considerations or alike grounds and requires immediate remedial measures,” the tribunal observed.Suggesting that the MoD should further tone up its working so that unauthorised officers should not have access to the ministerial staff or other officials in the MoD, all decisions taken by the Selection Board may be screened by a committee of experts in law, the tribunal remarked that the Judge Advocate General’s Branch must be activated and engraved with knowledge of law to avoid such travesty of justice otherwise it would be opening a gallery to sleeper cells of foreign Intelligence.

Ordnance Corps officer’s case: ‘Facts misrepresented’

An Armed Forces Tribunal Bench held that the promotion of Lt Gen NK Mehta from the rank of Brigadier to Major General on the basis of a previous AFT order was not tenable due to concealment of facts from the court
The tribunal has also faulted the Ministry of Defence for its acts of omission and commission in the selection process
The tribunal has also imposed a cost of Rs 50 lakh on the Union of India and Rs 5 lakh on the officer, which shall be remitted to the Army Central Welfare Fund for the welfare of troops