Remove disparity in consequences of old and new policy on censure: AFT to Defence Ministry

Ruling that persons awarded a censure under an earlier policy of 2017 are at a disadvantage vis-à-vis those governed by a new policy issued in 2023 because the period for which the censure is to remain in effect is much longer in case of the older policy, the Armed Forces Tribunal has directed the Defence Ministry to bring the consequences of both policies at par.

“The respondents are directed to review the Joint Armed Forces Orders on censure policy and the service specific instructions subsequently issued by the respective service headquarters and issue necessary amendments to the effect that the validity of all operative censures issued under the old policy will be regulated as per the validity parameters laid down in the new policy from the date of its issue and necessary endorsements made in the concerned records,” the Tribunal’s Bench of Justice Rajendra Menon and Lt Gen PM Hariz ruled.

The judgement, which granted relief to two Lieutenant Colonels who received the censure of severe displeasure by the General Officer Commanding-in-Chief, Northern Command in 2022 in a case pertaining to breach of data security, has implications for a large number of defence personnel who have been censured for professional lapses because the operational period of censure can impact promotion, selection for courses, sensitive postings and foreign assignments.

Under the policy of 2017, censure awarded by the Central Government or Chief of the Army Staff were permanently recorded in the personal dossier, while that awarded by a GOC-in-C was operative for a period of 10 years.

According to the Joint Armed Forces Order of October 2023, censure awarded by the Central Government will have a permanent effect, while senior commanders can impose censure for specific periods ranging from one to five years, depending upon the severity of the lapse and level at which it is awarded. All censures are to be permanently retained in personal dossiers.

The new policy, however, stipulated that censures awarded earlier would be operative for the period as per the original award and the provisions of the new policy will come into effect from the date of its issue.

“This implies that a person awarded a GOC-in-C’s censure in 2024 for three years under the policy would be free from its encumbrance in 2027, while someone censured in 2023 would remain under its effect till 2033,” Col Indra Sen Singh (retd), the counsel in the case, said.

“This, in our view, is a travesty of injustice as the petitioners and their batch mates are unequal in their disciplinary status merely because of the direction tha past cases will be governed by the old policy,” the Bench remarked.

“Therefore, it is imperative that the validity of all past cases which are operative as on the date of issue of the new policy must be regulated as per the revised validity criteria and necessary endorsements made in the record of the concerned officers by the authority which awarded the censure under the old policy,” the Bench added.