The Armed Forces Tribunal (AFT) has quashed an order by the Indian Army conveying “displeasure” to a Lt Colonel over his alleged role in a question paper leak case in Secunderabad in February 2021. A “displeasure” is a censure awarded to military personnel for dereliction of duty. Lt Col Satish Kumar, who was part of the Board of Officers tasked with printing question papers for a common entrance examination for the Army recruitment of soldiers (General Duty), had been awarded “displeasure” by the General Officer Commanding, Dakshin Bharat, Area for “failing to keep a check on the actions of Presiding Officer Lt Col Bhagatpreet Singh of the board” who was “found to have leaked the paper”. Chandigarh AFT Bench Justice Sudhir Mittal and Air Marshal Manvendra Singh have in their order on March 27 found Lt Colonel Kumar “not guilty of any wrongdoing” and quashed the order that conveyed displeasure’ to him. The case dates back to February 2021 when question papers for the common entrance exam were leaked, leading to the cancellation of the examination. A Court of Inquiry (CoI) was instituted, and an FIR was registered, resulting in the arrest of the Presiding Officer of the Board of Officers overseeing the printing of question papers. Although the CoI did not hold Lt Col Kumar accountable for the leak, it alleged that he failed to diligently observe the actions of the Presiding Officer and did not associate himself with security checks. Consequently, the General Officer Commanding, Dakshin Bharat Area, conveyed his displeasure to Lt Col Kumar through an order issued on September 27, 2022. Lt Col Kumar, through his counsel Brig Janesh Khera (retd), challenged the order before the AFT's Chandigarh Bench. He contended that as a member of the Board of Officers, he was not obligated to monitor the functioning of other members, including the Presiding Officer, or involve himself in security checks, which were the responsibility of designated personnel. He argued that an Independent Security JCO and a Provost JCO had been detailed for the said purpose of security checks. It was also stated that the Standard Operating Procedure (SoP) had been adhered to and there was no violation thereof. The reply having been found unsatisfactory; a 'displeasure' was communicated vide an order dated 27.09.2022. After examining the SoP for printing question papers, the AFT bench concurred with the argument. The tribunal noted that the SoP did not require members of the Board to keep a watch over other members' activities or associate themselves with security checks conducted outside the hall. “The applicant was required to remain inside the hall and print the question papers and could not be expected to see whether the Security JCO or the Provost ICO were doing their duties or not. Had he done so, his attention would have been diverted from the main job which would have attracted the charge of negligence. The SoP also does not stipulate that members of the Board must keep a watch over the activities of other members of the Board. Accordingly, the charge that the applicant was not vigilant enough in observing the activities of the Presiding Officer is baseless,” the AFT bench said in its order. Ruling that the charge against Lt Col Kumar was unfounded, the AFT quashed the impugned order dated September 27, 2022, conveying displeasure against the officer. In May 2021, Lt Col Bhagatpreet Singh Bedi (44) was arrested by the Maharashtra Police which had investigated a paper leak detected in Pune. Bedi was the presiding officer of the board which was carrying out the printing of the question paper. Lt Col Satish Kumar was at the time posted to an NCC Unit in Secunderabad. While serving with the unit he was detailed as a member of the Board of Officers. The printing of the question papers was being done in the office of Are Recruitment Officer (ARO), Secunderabad. Lt Col Satish Kumar and another officer of the rank of Lt Col were working together on a photocopier machine whereas the Presiding Officer along with a junior officer were working on a standalone computer. On the night of February 27/28, 2021, the intelligence authorities realised that a leak had taken place and a few people were apprehended in Pune, along with the leaked question paper. Thus, the examination was cancelled on February 28, 2021, and a CoI was ordered on March 10, 2021. An FIR was also registered under which the Presiding Officer, Lt Col Bhagatpreet Singh was arrested.
