Holding {that a} Colonel was punished simply because he had accepted ethical accountability for something that occurred beneath his command, the Delhi Excessive Court docket has put aside an armed Forces Tribunal order and directed the Military to contemplate the officer for promotion to the rank of Brigadier regardless of him being overage.
A Division bench of Justices Kameshwar Rai and Justice Amit Bansal put aside the executive punishment of ‘Displeasure’ awarded to Colonel Sandeep Sharma by the Basic Officer Commanding 21 Corps in June 2020.
The punishment was awarded to Col Sharma eight years after he was accused by a subordinate officer in 2012 of irregularities regarding false payments for staying in a lodge and never sustaining the proper data of Railway Warrants as CO of 71 Process Power (TF), leading to utilization of unaccounted warrant types throughout his command.
The Colonel filed a petition within the Armed Forces Tribunal (AFT) challenging the punishment. The AFT dismissed it in April 2023 after reserving the judgement for 10 months.
The excessive courtroom, within the judgement dated Might 28, whereas setting apart the AFT judgement and the punishment awarded discovered that the officer had stated in his defence that he had not even stayed within the lodge for which he was being blamed to have falsified claims. Neither had he ever made any declare for reimbursement of payments.
“What was said to have been proved towards the petitioner is that he submitted false invoice in respect of Resort Sukh Sagar, Gwalior… However we discover the case of the petitioner is that he stayed at Resort Shelter, Gwalior, as per the certificates issued by the stated lodge. Sadly, neither there’s any discovering within the CO, nor there’s a discovering of the AFT, in that respect”.
“So, primarily based on the invoice of the Resort Sukh Sagar, Gwalior, with out coping with pleas of the petitioner that (1) he didn’t keep in Resort Sukh Sagar, Gwalior; (2) he neither produced any invoice of the identical nor forwarded any declare for the stated invoice and (3) the invoice of Resort Sukh Sagar, Gwalior, doesn’t bear his signatures, the respondents couldn’t have held that the stated allegation stood proved towards the petitioner and handed the censure order,” the excessive courtroom noticed.
Additional, no irregularity with the misuse of railway warrants by the Colonel was discovered and but he was punished simply because he had accepted ethical accountability for something that occurred beneath his command.
The excessive courtroom additionally discovered that whereas passing the punishment on the officer, the Military relied upon the proceedings of the Court docket of Inquiry which was not permitted by regulation.
The Colonel was commissioned in 1994 into Jammu and Kashmir Rifles (JAKRIF). He served in varied sectors and held difficult appointments together with an task in a UN Mission.
In 2010, he was speculated to assume command of three JAKRIF, nevertheless, he couldn’t achieve this, as he was positioned in Low Medical Class (LMC). Thereafter, he was nominated to command 71 Process Power (TF) a particular unit.
Whereas officers are chosen to command TF items on completion of the common command of a unit, within the Col Sharma’s case, regardless of that the truth that he was in LMC and was but to command an everyday infantry battalion, he accepted the task. Subsequently, he was cleared for command by Particular Overview Medical Board (SRMB) held in October 2012.
On completion of the command of 71 TF, the petitioner was posted to Station Headquarters, Jhansi as a substitute of being appointed to command an infantry battalion.
The proceedings towards the officer started in 2012 and continued until January 2020 when he was lastly issued a present trigger discover by the GOC 21 Corps for disciplinary motion, eight years after the allegations have been first levelled towards him.
Within the meantime, because of the proceedings initiated towards him, the Colonel was not posted to command a battalion, a key requirement for promotion to the rank of Brigadier and was thus not thought of within the choice board for a similar.
The Excessive Court docket noticed in its order that the Chief of Military Workers (COAS) can grant age waiver for promotion and that whether it is granted, then the case of the petitioner shall be thought of for promotion to the put up of Brigadier from the date he was declared match by the SRMB.
The courtroom additional stated that even when the COAS is of the view that age waiver can’t be granted, then the respondents shall nonetheless take into account the case of the petitioner for promotion efficient from the date he was discovered match by SRMB, overlooking the requirement of command standards as there was a precedent pursuant to the orders of the Supreme Court docket.