AFT directs Army to consider whistleblower for promotion:
Vijay MohanTribune,News Service.
Chandigarh, April 30Two days before an Army selection board is to assemble, the Armed Forces Tribunal today ordered that the name of a Lieutenant Colonel who had alleged victimisation for blowing the whistle on his commanding officer, be included in the list of prospective candidates and he be considered for promotion to Colonel.
The petitioner, Lt Col B.S. Goraya, was being considered for promotion by the selection board in December 2009, but a gap in his confidential report profile from September 2008 to May 2009 led to his name being excluded. The Army had debarred his commanding officer to write his confidential report.“In January this year we had also forwarded a statement of case to debar a Major General, the next superior officer in the hierarchy from initiating his confidential report on the ground that it could lack objectivity in assessment due to circumstances of the case,” his counsel, Rajeev Anand said. “The matter was also repeatedly taken up with Army Headquarters,” he added.
Colonel Goraya, Second-in-Command of an Army Supply Corps battalion, had complained against his commanding officer for various irregularities in May 2009. A court inquiry was ordered and the petitioner was attached to Headquarters Western Command in August last.
The bench comprising Justice Ghanshyam Prashad and Lt Gen H.S. Panag observed that it was clear that the officer had taken all legitimate actions to cover the gap in his confidential report profile and the onus was on the Military Secretary’s Branch army to give a decision to regularize the gap.Pointing out that due to no fault of his, the name of the petitioner was withdrawn from the selection board held in December 2009 and the same was likely to happen for the board scheduled in May, the bench directed that the officer be considered in the board due next week and the gap in his profile should not be taken into account to defer him from being considered.
Friday, April 30, 2010
Tribunal finds Major’s dismissal order fabricated -Vijay Mohan,Tribune News Service :Veteran Prabhjot Singh Chhatwal PLS Retd.
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.
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.
Saturday, April 24, 2010
Naval Academy in Punjab: Veteran Prabhjot Singh Chhatwal PLS Retd.
NAVAL ACADEMY : PUNJAB
Jalandhar, April 24
To ensure greater induction of Punjabi youth in the armed forces, the government has decided to set up the first naval academy in the state.
Finance Minister Manpreet Badal said the proposal would be cleared in the coming days and financial allocations would be made soon. The academy would come up either at Ropar or Bathinda both of which have the requisite water bodies and allied infrastructure, he said.“At present, Bihar topped the list of naval personnel while Punjab only has a small percentage of officers and men in the Navy,” he pointed out.Badal was in the city to oversee the preparations by the Jalandhar Sainik Welfare Board to help 104 aspirants get into the armed forces. Jalandhar Cantonment MLA Jagbir Brar accompanied him.Another step taken by the government in this context was setting up of the Maharaja Ranjit Singh Armed Forces Preparatory Academy in SAS Nagar at a cost of Rs 8 crore.
The financial allocation had been made in the Budget and construction would start on the 40-acre plot soon, he added.“Similarly, decks have also been cleared for setting up of a second sainik school in Gurdaspur. The land required for the purpose has been selected and the proposal has also been forwarded to the Centre. Haryana already has two such schools and we are certain that the nod would be given to us in the coming days,” he said.The Finance Minister said the government was committed to set up more such institutes in the future so that a certain number of youth inducted into the armed forces every year.Earlier, he lauded the efforts being made by Lt Col Manmohan Singh (retd), deputy director, Sainik Welfare, for preparing youngsters to get into the armed forces and said the latter had also been given the mandate to ensure that the state should sent the maximum number of officers to the armed forces.
He also assured that he would release the funds for a new National Defence Academy Block, which would come up on the premises of the board, in the next week. Other problems being faced by the board would be resolved soon, he said.
Jalandhar, April 24
To ensure greater induction of Punjabi youth in the armed forces, the government has decided to set up the first naval academy in the state.
Finance Minister Manpreet Badal said the proposal would be cleared in the coming days and financial allocations would be made soon. The academy would come up either at Ropar or Bathinda both of which have the requisite water bodies and allied infrastructure, he said.“At present, Bihar topped the list of naval personnel while Punjab only has a small percentage of officers and men in the Navy,” he pointed out.Badal was in the city to oversee the preparations by the Jalandhar Sainik Welfare Board to help 104 aspirants get into the armed forces. Jalandhar Cantonment MLA Jagbir Brar accompanied him.Another step taken by the government in this context was setting up of the Maharaja Ranjit Singh Armed Forces Preparatory Academy in SAS Nagar at a cost of Rs 8 crore.
The financial allocation had been made in the Budget and construction would start on the 40-acre plot soon, he added.“Similarly, decks have also been cleared for setting up of a second sainik school in Gurdaspur. The land required for the purpose has been selected and the proposal has also been forwarded to the Centre. Haryana already has two such schools and we are certain that the nod would be given to us in the coming days,” he said.The Finance Minister said the government was committed to set up more such institutes in the future so that a certain number of youth inducted into the armed forces every year.Earlier, he lauded the efforts being made by Lt Col Manmohan Singh (retd), deputy director, Sainik Welfare, for preparing youngsters to get into the armed forces and said the latter had also been given the mandate to ensure that the state should sent the maximum number of officers to the armed forces.
He also assured that he would release the funds for a new National Defence Academy Block, which would come up on the premises of the board, in the next week. Other problems being faced by the board would be resolved soon, he said.
Friday, April 23, 2010
Brig’s dismissal upheld, but will get pension benefits : Veteran Prabhjot Singh Chhatwal PLS Retd.
Brig’s dismissal upheld, but will get pension benefits.
Vijay MohanTribune News Service
Chandigarh, April 23:Almost two decades after a brigadier was dismissed by a General Court Martial (GCM) on charges of corruption, the Armed Forces Tribunal today upheld the court martial proceedings, but restored his pensionary benefits.
The tribuanl’s Chandigarh Bench, comprising Justice Ghanshyam Prashad and Lt Gen AS Bahia also ordered that the petitioner, Brig GS Kahlon, would be entitled to arrears of pension from 1992, along would interest at the rate of six per cent.
Kahlon was tried on nine counts of misappropriation of canteen funds with intent to defraud and failure to exercise proper control and supervision while he was the chairman of Headquarters 123 Mountain Brigade unit canteen. He was responsible for functioning of the canteen as well as signing and counter-signing financial documents. The GCM had found him guilty on eight charges.
Kahlon had contended that had been framed and tried arbitrarily. He also contended that some charges did not amount to dishonesty or misappropriation and that he was not in station on some of the dates mentioned in the charges. He had also claimed that there was no loss or gain or any prejudice to any by his acts of signing some documents.
Counsel for the government Capt Sandeep Bansal, on the other hand, argued that the procedures relating to the disciplinary case against the petitioner that had resulted in his conviction were strictly in compliance with the rules and regulations and as per the laid down law.
He also contended that the petitioner, in his arguments before the Tribunal, had taken out isolated statements of some witnesses to prove his innocence. However, there was no corroboration of the same and even otherwise a conjoint reading of the evidence clearly proved the case against him.
Vijay MohanTribune News Service
Chandigarh, April 23:Almost two decades after a brigadier was dismissed by a General Court Martial (GCM) on charges of corruption, the Armed Forces Tribunal today upheld the court martial proceedings, but restored his pensionary benefits.
The tribuanl’s Chandigarh Bench, comprising Justice Ghanshyam Prashad and Lt Gen AS Bahia also ordered that the petitioner, Brig GS Kahlon, would be entitled to arrears of pension from 1992, along would interest at the rate of six per cent.
Kahlon was tried on nine counts of misappropriation of canteen funds with intent to defraud and failure to exercise proper control and supervision while he was the chairman of Headquarters 123 Mountain Brigade unit canteen. He was responsible for functioning of the canteen as well as signing and counter-signing financial documents. The GCM had found him guilty on eight charges.
Kahlon had contended that had been framed and tried arbitrarily. He also contended that some charges did not amount to dishonesty or misappropriation and that he was not in station on some of the dates mentioned in the charges. He had also claimed that there was no loss or gain or any prejudice to any by his acts of signing some documents.
Counsel for the government Capt Sandeep Bansal, on the other hand, argued that the procedures relating to the disciplinary case against the petitioner that had resulted in his conviction were strictly in compliance with the rules and regulations and as per the laid down law.
He also contended that the petitioner, in his arguments before the Tribunal, had taken out isolated statements of some witnesses to prove his innocence. However, there was no corroboration of the same and even otherwise a conjoint reading of the evidence clearly proved the case against him.
Wednesday, April 21, 2010
Col, Lt Col face court martial for Rs 10-crore milk scam : Veteran PJS Chhatwal PLS Retd.
Col, Lt Col face court martial for Rs 10-crore milk scam:Powder purchased despite adequate stock in store.
Vijay MohanTribune News Service
Chandigarh, April 21:A milk powder scam of nearly Rs 10 crore in Army’s Northern Command has put two senior officers in the dock.
A Colonel earlier posted as the Director Military Farms, Headquarters, Northern Command, and a Lieutenant Colonel, who was the Officer Commanding, Military Farm, Jammu, are facing trial by General Court Martial (GCM) for their alleged acts of omission and commission.
Sources revealed that the GCM’s convening order, issued by the General Officer Commanding 16 Corps, Lt Gen R. Ray on April 5, has listed as many as 27 charges pertaining to intent to defraud and acts prejudicial to good order against the Lt Colonel. The GCM, with Brig Raman Chhibber as the presiding officer, is scheduled to assemble at Akhnoor on April 29.
Between January 2001 and August 2003, nearly 1,526 metric tonnes of skimmed milk power was procured through local purchase despite adequate stocks in the Army stores. Part of the stock procured was transported to stations in Eastern, Western and Central Commands without due sanction and in violation of statutory provisions. The Army has estimated the value of the powder procured to be close to Rs 10 crore.
Further, payments were allegedly made to firms despite the powder not reaching its destinations and some firms were alleged to have been favoured.
The Colonel, on the other hand, is facing charges of failure to exercise requisite supervision and not taking due action during his tenure as director from 2001--2004, when the milk powder was purchased. He also did not allegedly carry out technical inspection, failed to ensure quality tests by Central Forensic Science Laboratory (CFSL) and there were irregularities in maintenance of records.
Sources added that a probe into the matter by the CBI revealed that around 100 metric tonnes of milk powder had been moved from Jammu to Punjab. Further, false vehicle numbers were written on documents and no transport charges were mentioned or drawn as per receipt and expense vouchers. The CBI probe also indicated fraudulent entry receipts of consignment in stores.
An Army Court of Inquiry (CoI) also found irregularities in the construction of sheds at the military farm, for which administrative action had been recommended against two other Lieutenant Colonels and a Major, while departmental action was recommended against two civilian employees posted at the farm.
White Mess
i) Over 1,500 MT milk powder bought.
ii) Part of the stock transported to Eastern, Western and Central Commands.
iii) Payments made to firms despite stock not reaching its destinations.
iv) The GCM is scheduled to assemble at Akhnoor on April 29.
Comments:Ex Soldiers, Sailors and Airmen Association requests that the case be taken as a test case and examplary punishment be awarded to the persons found found guilty so that such cases are not repeated in future.
Vijay MohanTribune News Service
Chandigarh, April 21:A milk powder scam of nearly Rs 10 crore in Army’s Northern Command has put two senior officers in the dock.
A Colonel earlier posted as the Director Military Farms, Headquarters, Northern Command, and a Lieutenant Colonel, who was the Officer Commanding, Military Farm, Jammu, are facing trial by General Court Martial (GCM) for their alleged acts of omission and commission.
Sources revealed that the GCM’s convening order, issued by the General Officer Commanding 16 Corps, Lt Gen R. Ray on April 5, has listed as many as 27 charges pertaining to intent to defraud and acts prejudicial to good order against the Lt Colonel. The GCM, with Brig Raman Chhibber as the presiding officer, is scheduled to assemble at Akhnoor on April 29.
Between January 2001 and August 2003, nearly 1,526 metric tonnes of skimmed milk power was procured through local purchase despite adequate stocks in the Army stores. Part of the stock procured was transported to stations in Eastern, Western and Central Commands without due sanction and in violation of statutory provisions. The Army has estimated the value of the powder procured to be close to Rs 10 crore.
Further, payments were allegedly made to firms despite the powder not reaching its destinations and some firms were alleged to have been favoured.
The Colonel, on the other hand, is facing charges of failure to exercise requisite supervision and not taking due action during his tenure as director from 2001--2004, when the milk powder was purchased. He also did not allegedly carry out technical inspection, failed to ensure quality tests by Central Forensic Science Laboratory (CFSL) and there were irregularities in maintenance of records.
Sources added that a probe into the matter by the CBI revealed that around 100 metric tonnes of milk powder had been moved from Jammu to Punjab. Further, false vehicle numbers were written on documents and no transport charges were mentioned or drawn as per receipt and expense vouchers. The CBI probe also indicated fraudulent entry receipts of consignment in stores.
An Army Court of Inquiry (CoI) also found irregularities in the construction of sheds at the military farm, for which administrative action had been recommended against two other Lieutenant Colonels and a Major, while departmental action was recommended against two civilian employees posted at the farm.
White Mess
i) Over 1,500 MT milk powder bought.
ii) Part of the stock transported to Eastern, Western and Central Commands.
iii) Payments made to firms despite stock not reaching its destinations.
iv) The GCM is scheduled to assemble at Akhnoor on April 29.
Comments:Ex Soldiers, Sailors and Airmen Association requests that the case be taken as a test case and examplary punishment be awarded to the persons found found guilty so that such cases are not repeated in future.
Thursday, April 1, 2010
Don’t treat Army men shabbily, SC tells govt- A Tribune News:Veteran Prabhjot Singh Chhatwal PLS Retd.
Don’t treat Army men shabbily, SC tells govt.
R Sedhuraman-Legal Correspondent
New Delhi, April 1. The Supreme Court has directed the government to treat Army personnel in a “better and more humane manner” in respect of emoluments, pension and other benefits as they were bravely defending the country at the cost of their lives.
A Bench comprising Justices Markandey Katju and AK Patnaik passed the order yesterday while dismissing a government appeal against a Punjab and Haryana High Court verdict, granting disability pension to an officer for the entire 10-year period of commissioned service.
CS Sidhu was given short service commission on June 22, 1968, for five years, which was extendable by another five years. He was posted in a high-altitude field area and while being on duty on November 21, 1970, he met with an accident and suffered severe injuries. As a result of the accident, his right arm had to be amputated and he also suffered a compound fracture in the thighbone and another fracture in the jawbone. He was released from service on June 23, 1978.
For calculating the amount of disability pension, the Army authorities had taken into account only the period between the date of joining and the date of the accident.
Describing as “a pittance” the “meagre pension” of Rs 1,000 a month plus DA granted by the Army to the affected officer, the Bench said, “If this is the manner in which the Army personnel are treated, it can only be said that it is extremely unfortunate.”
R Sedhuraman-Legal Correspondent
New Delhi, April 1. The Supreme Court has directed the government to treat Army personnel in a “better and more humane manner” in respect of emoluments, pension and other benefits as they were bravely defending the country at the cost of their lives.
A Bench comprising Justices Markandey Katju and AK Patnaik passed the order yesterday while dismissing a government appeal against a Punjab and Haryana High Court verdict, granting disability pension to an officer for the entire 10-year period of commissioned service.
CS Sidhu was given short service commission on June 22, 1968, for five years, which was extendable by another five years. He was posted in a high-altitude field area and while being on duty on November 21, 1970, he met with an accident and suffered severe injuries. As a result of the accident, his right arm had to be amputated and he also suffered a compound fracture in the thighbone and another fracture in the jawbone. He was released from service on June 23, 1978.
For calculating the amount of disability pension, the Army authorities had taken into account only the period between the date of joining and the date of the accident.
Describing as “a pittance” the “meagre pension” of Rs 1,000 a month plus DA granted by the Army to the affected officer, the Bench said, “If this is the manner in which the Army personnel are treated, it can only be said that it is extremely unfortunate.”
Subscribe to:
Posts (Atom)
