AFT raps Army over delay in probing, taking action in disciplinary cases

While declining to give any relief to the Colonel, the bench frowned upon the delay in finalising the case and many others.

“We, however, take serious note of the fact that the case at hand, which commenced in 2012 was concluded only in 2020, having taken eight long years. We have noticed similar delay in many other cases and therefore direct the respondents to ensure that the investigation and conduct of disciplinary/ administrative action in such cases are completed expeditiously, and necessary directions are issued once again,” the bench said.

The Colonel, who was also the petitioner in the case, was promoted to the rank of Lt Col in January 2010 and later to Colonel while on a UN Mission in Congo. On repatriation to India in August 2010, he was posted to Headquarters, Northern Command as Military Assistant (MA) to the General Officer Commanding-in-Chief (GOC-in-C)C. In December 2010, he suffered a heart attack and was placed in low medical category.

Though he was scheduled to take over the command of 3 Jammu and Kashmir Rifles, due to his medical category, his posting as Commanding Officer (CO) of the infantry battalion was held in abeyance. In September 2011, the officer was appointed as CO of 71 Task Force (TF), which was a non-criteria appointment.

In December 2012, he was screened by the Special Review Medical Board (SRMB) and cleared for command. However, by then a complaint against the applicant alleging irregularities whilst in 71 TF had been received and a Court of Inquiry/disciplinary proceedings had begun. The complaint had been filed by the second in command of 71 TF on October 2012 alleging various irregularities. A Court of Inquiry was ordered by HQ Special Forces Command in May 2013 and based on which, disciplinary action was directed by Commander-in-Chief Special Forces Command (SFC) vide an order in September 2013.

The Commander-in-Chief, SFC gave fresh directions in August 2014, based on which disciplinary action was initiated in 2015.

With the initial inquiry having taking so long, the result was that the case became time barred for court martial proceedings against the officer and he also became overage for command of an infantry battalion.

Consequent to the initial hearing of charge and recording of summary evidence the case was examined at HQ Southern Command in September 2017 and it was seen that the case already was time barred in September 2016.

Notwithstanding this, since the evidence adduced clearly revealed the involvement of the officer in making fictitious claims, it was decided to initiate a case for administrative termination of service under Section 19 of Army Act read with Army Rule 14.

At this point, HQ Southern Command also stepped in and, vide their recommendation in November 2019, intimated the Army Headquarters that the case be disposed of by way of an administrative action. The Colonel was then awarded a censure by GOC 21 Corps in June 2020 for acts of gross financial irregularities and moral turpitude.

HQs Southern Command reasoned that the case did not warrant administrative termination of service and that ends of justice would be met if appropriate administrative action was taken against the applicant for making fraudulent claims for temporary duties carried out to Gwalior and Delhi, and for not maintaining correct records with respect to issue of railway warrants in the unit.

Thus, a case which had initially been headed for a court martial and then termination of service, finally ended up in an admonition given to then officer in the form off a ‘displeasure’.

The bench also upheld the policy of the Army, which stipulates that upper age of consideration for command in Colonel’s rank will be 44 and 46 years in arms and services, respectively and in no case shall the age of officer exceed 46 and 48 years, respectively, at the time of physically assuming command. The bench noted that the policy letter also states that a waiver may be given by the Chief of Army Staff on these conditions on case to case basis.