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No place for corrupt officers in forces: SC
R Sedhuraman
Legal Correspondent

New Delhi, October 12
The Supreme Court has ruled that corrupt officers had no place in the armed forces as they brought disrepute to the entire organisation.

“The armed forces are known for their integrity and reputation. The senior officers of the armed forces are expected to be men of integrity and character. When a charge is proved against a senior officer, the reputation of the Army also gets affected,” a Bench comprising Justices JM Panchal and HL Gokhale held while setting aside a Punjab and Haryana High Court order letting off a Commanding Officer.

The Commanding Officer, Rabinder Singh, was dismissed from service and sentenced to rigorous imprisonment (RI) for one year in 1987 after a General Court Martial for fraudulently receiving Rs 77,692 for modifying 65 vehicles despite the fact that the 6 Armoured Regiment was authorised for only one signal special vehicle. Also, the vehicles were modified only on paper with the help of “fictitious documents and pre-receipted bills”.

The ruling by the Court Martial was upheld in 1991 by a single Judge of the HC, but a Division Bench set it aside in 2001 on some technical grounds.

The apex court did not agree with the findings of the Division Bench that the Defence Ministry had failed to specify in the charges that Singh had benefited from the withdrawal of money.

“Assuming that the charge of wrongful gain to the respondent was not specifically averred in the charges, the accused clearly understood the charge of “intent to defraud” and he defended the same. He fully participated in the proceedings and there was no violation of any procedural provision causing him prejudice,” the SC Bench observed in a recent verdict.

“Any officer indulging in such acts could no longer be retained in the services of the Army, and the order passed by the General Court Martial could not be faulted,” the apex court ruled.

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