Last Updated on September 1, 2018 by Legalseva.net
SC Court has upheld the decision of AFT Tribunal Lucknow of setting aside ‘Punishment of Reprimand’ on Charge of retaining electronic items recovered during Operation Bluestar in Amritsar.
Also Read- ARMED FORCES TRIBUNAL ACT, 2007
Timeline of the case:
1 Chief of Army Staff refused to give substantive rank of Lt. Colonel by timescale to applicant plus deprived him of promotional avenues.
2 Applicant moved to Lucknow AFT where the Tribunal quashed the above order and exonerated applicant from all charges and put costs of Rs 10 laksh on Army.
3 Central government and Army moved to Supreme Court against the order of AFT Tribunal exoneration where the SC upheld the tribunal’s order and reduced the cost from Rs 10 lakhs to one lakh.
Also Read- WHY PENSION RULES FOR LOC AND LAC VARY?
Charge
Major Ambreshwar Singh (now retired) charged for retaining certain electronic items recovered during the operation Blue Star.
Ruling Effect
The government will promote now Mr. Singh on the substantive rank of Lt. Col (time scale) notionally along with his batchmates for the purpose of payment of arrears of salary and post-retiral dues, pension and other benefits.
Also Read- WAR INJURY PENSION ARREARS ALLOWED BY AFT TRIBUNAL
Salient Facts
1 Government recommended Mr. Singh for gallantry award and didn’t have anything else to say against it.
2 Even the officer was recommended for Ashok Chakra , for valour, courageous action or self sacrifice away from the battlefield.
3 In 1984, Col. Pannikar ordered four electronic items to be brought back and kept at unit lines at Jalandhar as souvenirs.
4 Army & Court failed to prove even an inch of evidence regarding the above said story.
5 Hence, Mr. Singh was arbitrarily and vexatiously prosecuted and punished.
6 The other officer who were party to this got promotions and Mr. Singh suffered for no fault of his.
Also Read- AFT TRIBUNAL ADVOCATES AND LAWYERS IN CHANDIGARH PANCHKULA AND MOHALI
Conclusion
Supreme Court restored what was due to the Armymen and exonerated him from all the charges and awarded him a rank of Lt. Colonel post -retirement .
Other benefits like payment of arrears of salary, post retiral dues, pension, and other benefits are also granted.
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