Vijay Mohan,Tribune News Service,Chandigarh, February 19

The Armed Forces Tribunal (AFT) has decreed that a top Army Ordnance Corps (AOC) officer who was recently elevated to the rank of Lieutenant General was not even fit to be promoted from Brigadier to Major General and has recalled its promotion order.Taking up a review petition filed by another AOC officer, Maj Gen RS Rathore, the Tribunal’s Bench, comprising Justice DP Singh and Air Marshal Anil Chopra, has 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 AFT’s order can be challenged in the next higher judicial forum. Both officers are of December 1979 seniority and were considered as Brigadiers for promotion to the rank of Major General in 2011. While Rathore was approved for the next rank, Mehta’s result was withheld due to a pending Disciplinary and Vigilance ban on him in an earlier case, which was later revoked. Mehta approached the AFT in 2012 seeking promotion to Major General. Rathore averred that several important facts were hidden by Mehta and he had not even been impleaded as a party to the case even though they were the only contenders for a single vacancy.“Since from material on record, there appears to be concealment of facts, the respondent, prima facie, seems to be not eligible for promotion even to the rank of Major General, we direct the respondents (MoD and Army) to maintain status quo ante forthwith,” the Bench ordered, while imposing costs of Rs 25,000.It held that since the impugned order seems to be an outcome of fraud (concealment of material facts), it is liable to be recalled in view of the settled proposition of law and may not stand even for a moment, causing miscarriage of justice, and once the impugned order goes, in view of the law settled by the Supreme Court all the subsequent orders, decision or action shall stand vitiated. The process of law, in this case, seems to have been abused for extraneous reasons, the Bench ruled.“While parting with the case, we feel that corruption has crept in every system of the country and pray to Almighty to impart justice and help the country to recognise merit of the persons serving the nation instead of extraneous considerations,” the Bench remarked, while observing that no person, how so high may be, should be permitted to enjoy office acquired by commission of fraud even for a day

Case file of Ordnance officers

• The petitioner in the review application,Maj Gen RS Rathore, and the respondent, now Lt Gen, NK Mehta, are Ordnance officers of the December 1979 seniority
• Both were considered for promotion from Brigadier to Major General in 2011 but promotions were held up due to an ongoing inquiry
• Rathore was approved to become Maj Gen in 2012 after judicial intervention, but Mehta’s result was held back due to inquiry, ACR issues and assessment by Army HQs
• Mehta moved AFT and in 2012, AFT ordered him to be considered for promotion. Review application filed by Army was dismissed
• Rathore approached AFT in 2013 alleging concealment of information by Mehta before the AFT and also filed a review application in 2015
• Mehta was recently elevated as Lt Gen and is posted at College of MaterialManagement, Jabalpur