Army promotion: How could Army chief defy govt order, asks Supreme Court

Bench led by Justice T S Thakur questioned as to how Chief of Army Staff defied government order by not following the ‘Command Exit’ policy and the government still chose not to raise any objection.

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The observation came after the bench said it was not clear by the government’s affidavit as to how the vacancies in 2004 were filled up under pro-rata basis when the ‘Command Exit’ model had already been accepted.

The Supreme Court Wednesday expressed its dissatisfaction over the government’s response to the queries regarding its stand on the Army’s 2009 promotion policy that prescribes preferential promotions to officers from select arms.

A bench led by Justice T S Thakur questioned as to how the Chief of Army Staff defied the government order by not following the ‘Command Exit’ policy and the government still chose not to raise any objection.

“Whether the government took any exception to it? How could the Chief of Army Staff defy the government order and fill up certain vacancies under pro rata basis?” the bench asked Additional Solicitor General Maninder Singh, who appeared for the Ministry of Defence.

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“Where is the government order? Where is the acceptance of the government? Show us the letter or acceptance of the Prime Minister or Raksha Mantri,” the bench asked Singh, who said he did not have the pertinent documents at that time.

Asked to clarify its stand on the 2009 promotion policy, the government has told the court that it duly approved the ‘Command Exit’ model, meant for officers of the rank of Colonel and above.

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