AFT upholds soldier’s conviction in medical supplies bungling case

Chandigarh, May 22

About 18 years after a soldier was discharged from service after a court martial held him guilty of involvement in a case pertaining to irregularities in issue of medical supplies, the Armed Forces Tribunal (AFT) has upheld the trial and conviction.

The soldier, of the rank of havildar, had been tried by a summary court martial in 2005 on two charges under provisions of the Army Act for intent to defraud and acts prejudicial to good order and military discipline.

He was found guilty on the second charge and was awarded the punishment of reduction to the rank from havildar to sepoy. Since he had completed more than 20 years of service, his continuation in service was not considered to be in order and accordingly he was discharged in February 2005.

In 2001, the Army authorities had received a complaint of irregularities with regard to certain issue vouchers of medicines supplied to the Indian Military Training Team in Bhutan. A court of inquiry was ordered vide convening order to investigate the matter and fix responsibility.

During subsequent disciplinary proceedings, four officers were tried by General Court Martial (GCM), found guilty for acts of omission and commission and punished. The soldier, who was one of prosecution witness in the GCM held against the erring officers, had contended that his trial had become time-barred and the requisite procedures were not adhered to.

The AFT, however, was of the considered opinion that due procedure was adopted for the soldier’s discharge from service and no illegality had been caused by issuing the discharge order.