Tribunal finds Major’s dismissal order fabricated -Vijay Mohan,Tribune News Service.
Chandigarh, April 30
Observing that the termination order of an Army Major seemed to be fabricated and a coloured exercise, the Armed Forces Tribunal today set aside his dismissal and ruled that he be deemed to have superannuated from service.Disposing of a petition filed by Maj SL Sharma, the bench comprising Justice Ghanshyam Prashad and Lt Gen NS Brar also directed that he be given all consequential benefits that are admissible at the time of retirement.
The officer had retired in December 2006 and the dismissal order was communicated to him in February 2007 in a case that had been initiated as far back as 1994.He was posted as the Garrison Engineer at Danapur from 1991-94, when several charges of procedural lapses were levelled against him. A court of inquiry constituted into the matter went on from 1995 to 1998, following which disciplinary action was initiated. His trial by a general court martial (GCM), however, became time-barred in September 2002.
He had moved the Delhi High Court against the trial proceedings and the court had directed the GCM to consider and decide his plea on tie-bar. The bench observed that the authorities took another two years after that to issue him a show-cause notice for termination of services and further two-and-a-half years to arrive at a decision and dismiss him.The bench came to the conclusion that the administrative action taken under Section 19 of the Army Act was a colourable exercise and abuse of administrative power by the authorities, which led led to dismissal of the petitioner . “These are facts which throw serious doubts on the objective handling of the authorities and also lead to the conclusion that the order of dismissal may not be a genuine document,” the bench ruled.