Chandigarh, April 8
Upholding a Delhi High Court order quashing court martial proceedings against a Brigadier, the Supreme Court (SC) has paved the way for his promotion to the rank of Major- General. The SC has also imposed costs of Rs 50,000 on the Army, which had filed a special leave petition (SLP) against the high court order.
The Army had initiated disciplinary proceedings against Brig J.K. Bansal, an Army Medical Corps officer on charges of intent to defraud after an anonymous complaint was received against him.
The proceedings were quashed by the Delhi High Court, which exonerated the Brigadier of the charges levied against him. The High Court had also severely castigated the Army over the manner and method of handling the case.
A brief order issued by a Division Bench of the apex court comprising Justice Y.K. Sabharwal and Justice Tarun Chatterjee a few days ago has stated that there is no infirmity in the impugned judgement of the Delhi High Court order and the SLP is accordingly dismissed, counsel for the respondent, Maj K. Ramesh (Retired) told The Tribune.
Following the SC order, the Discipline and Vigilance Branch at the Headquarters Western Command, Chandimandir, has issued clearance
for the Brigadier to be promoted. The communique in this regard was sent by the Western Command to the Army Headquarters this week, which has been forwarded to the Defence Ministry.
Brigadier Bansal was serving with the Institute of Nuclear Medicine and Allied Science (INMAS) of the Defence Research and Development Organisation, when allegations were made against him that he had submitted fake disability certificates to get his daughter admitted in Delhi University's Netaji Subhash Institute of Technology.
Following the complaint which came when he was due for promotion, the Brigadier was attached to the Headquarters of an EME Technical Group. The Western Command ordered that he be tried by a general court martial. Major Ramesh had contended that the attachment had been done without the Army holding a court of inquiry into the allegations or ascertaining the facts. Moreover, an in-house inquiry conducted by INMAS had exonerated him but the report was not considered by the Army while initiating action.
When the matter was brought before the Delhi High Court, a Division Bench comprising Justice Vijender Jain and Justice H.R. Malhotra observed that the medical certificates used by the Brigadier for his daughter's admission were based on documentary evidence and were hence "genuine, valid and absolutely in order". He sustained back injury during Operation Bluestar and a few years later had sustained head injuries while proceeding to a military hospital on duty. Both the injuries were attributed to military service. The Bench also did not see any violation of the university's admission rules.
"Keeping in view the manner and method used in the present case, we are of the considered opinion that the exercise undertaken by the respondents (Army) was not bona fide. Our judicial conscience does not permit us to perpetuate an act of irrationality, arbitrariness and illegality" the High Court had observed. While imposing costs, the High Court had further observed, "We would have liked in such cases of blatant injustice, cost to be borne by the officers concerned who have been responsible for taking such an arbitrary and illegal decision."
