LT GEN NK MEHTA FINED `5 LAKH AND DEMOTED TO BRIGADIER FOR PROMOTION FRAUD
CHANDIGARH: The Lucknow bench of the Armed Forces Tribunal (AFT) on Friday imposed a fine of `50 lakh on the Centre, chief of army staff and military secretary for fraud in the promotion case of Lt Gen NK Mehta of Army Ordnance Corps (AOC).
Also, Lt Gen NK Mehta has been demoted to the rank of brigadier and also fined Rs 5 lakh. The cost will be remitted to Army Central Welfare Fund to serve the Non-Commissioned Officers and other ranks for their beneficial schemes.
The AFT ordered that the cost should be recoverable after due inquiry from the salary/pension of those held accountable for entire episode keeping in view the observations made in the body of the order.
The court observed that the policies on promotion were completely violated as per convenience to facilitate NK Mehta to become major general and further lieutenant general.
The court observed that an inquiry be ordered by government to fix responsibility in accordance with law for unfair practices in the Army or ministry of defence as the case may be.
“It is directed that a copy of the order be sent to the office of Prime Minister, office of the defence minister and also to the defence secretary expeditiously, say, within three days, for being placed before them for perusal and consequential action in terms of observation made in the body of the judgment,” said the bench headed by Justice Devi Prasad Singh. The court said Mehta tried to conceal the material facts by not inviting attention to a relevant Army order regarding an unfilled entry in his ACR. He had also erroneously diverted the whole issue, maybe with the tacit support of certain people of ministry of defence (MoD), the bench said, adding that it was unfortunate that the central government’s MoD speaks in tune with Mehta’s representation and claims, though he should have represented his case in terms of a relevant army order to fill up the unfilled column which was rightly done by the initiating officer in his ACR.
PASSES STRICTURES AGAINST THEN DEFENCE MINISTER ANTONY
The court observed that in the present case the MoD did not agree with the validity of the ACR of Mehta for the period September 2009 to June 2010. It appeared that the applicant (Mehta) and the MoD were in active touch and diverted the whole issue with regard to ACR and relevant Army order and rules, said the court. “The defence secretary as well as the then defence minister had signed the record approving withdrawal of the applicant with regard to ACR of the period September 2009 to June 2010. The record further shows that the defence secretary and the then defence minister (AK Antony) had signed without assigning reason or even without noting their agreement with the note put up by the subordinate authorities. The whole note as placed from the stage of under-secretary was approved by the higher ones and duly signed by the then secretary and the then defence minister.” “It appears that prima facie, the entire things were managed at lower level and duly acknowledged and approved by the then defence secretary and the then defence minister for reasons best known to them,” said the judgment.