The Supreme Court on Friday took the Union government to task over the issue of age of the Chief of the Army Staff, Gen. V.K. Singh, saying the government decision-making process went against the principles of natural justice and the Constitution.
The court questioned the process that fixed the date of birth of Gen. Singh as May 10, 1950. It said the entire exercise “appears to be vitiated.”
A Bench of Justices R.M. Lodha and H.L. Gokhale was hearing a writ petition Gen. Singh had filed against the order determining his date of birth as May 10, 1950, instead of May 10, 1951.
Justice Lodha told Attorney-General G.E. Vahanvati: “You withdraw Defence Minister A.K. Antony's order dated December 30, 2011, or if you agree, we will quash the order.” Mr. Vahanvati replied: “I cannot withdraw [it] on my own. I will take instructions [from the government].”
When he termed the petition not maintainable, Justice Lodha said: “What is the man supposed to do? He has only four months left in office.”
But the judge clarified that the court was not concerned with the decision per se, but the process for determining the age. “We are not sitting in judicial review of the merits of your decision.” After taking a decision on July 21, 2011 to fix the General's year of birth as 1950, in “consultation” with the Attorney-General, the government could not have referred his complaint against this decision to the statutory authority (Mr. Antony) and then back to the Attorney-General for a second time. “This is against all principles of natural justice and administrative law. It does not pass the test of constitutional principles.”
Earlier, senior counsel Uday Lalit, appearing for Gen. Singh, submitted that no seniority list was ever prepared on the basis of his date of birth.
Justice Lodha wondered how Mr. Vahanvati, after advising initially the Adjutant-General branch on the General's age, could have been asked again for an opinion on the very same issue.
Mr. Vahanvati explained that as the Attorney-General, he was “duty-bound” to advise the government each time his opinion was sought. The Defence Minister, he said, was not bound by his advice, and he had made a decision after an independent examination of facts and records. “He did not base his decision on my opinion.”
Mr. Vahanvati said: “There is something very serious in the matter as there was an attempt to get the opinion from a legal adviser of the Law and Justice Ministry to support the General's claim, bypassing the Ministry. He also gets the opinion of four former Chief Justices of India. This is not proper. That is why it was referred to me for an opinion.”
He said the July 21, 2011 decision was an Army officer's, not the Minister's. He said he would not appear in the case, if the court so desired. “But you never said a complaint against it was not maintainable,” Justice Lodha said. “If you had said it, the matter would have ended there. Since you did not, the decision [of the Minister] is against administrative law and natural justice and is vitiated, if it is affected by the earlier consultation.”
Solicitor-General Rohinton Nariman said the Minister's decision was based on an “independent” evaluation and on “merits.” He insisted that the issue first go to the Armed Forces Tribunal. But Justice Lodha countered him, saying: “The Tribunal has members from the Army. While in service, they may have been his subordinates or boss. In this peculiar facts and circumstances, this may not be the most efficacious remedy,” Justice Lodha said. “Prima facie, the material on record should withstand the tests of natural justice. Once you cross the hurdle, other issues will arise.”
The Bench directed that the matter be listed for further hearing on February 10.
Keywords: Army Chief age row, V.K. Singh, A.K. Antony
The only institution that stands in the way of India becoming another
Banana Republic is our Supreme Court!
The majority of our politicians and bureaucrats
would not hesitate to damage the very institutions that protect us
(our Army, our Judiciary and our Scientific community) in the pursuit
of illicit wealth and power.
It is time for retired judges, army men and scientists to take to
politics, stand for election and clean up our administration. Nothing
less will save India from those whose greed knows no bounds.
General, after retirement you will get used to this civilian life. This is how things happen in India. Rules only on paper, coruption and power prevails.
It has become a fashion for someone to point a finger at the Prime Minister for every fiasco.The inefficiency of the authorities at the helm of affairs could be seen in not solving the simple issue at the right time led to all this unwarranted discussions and debates.
The Defence Ministry is bound by the rules of having to go by only the official correspondence and information it receives from the Army's record keeper - it is high time the rules are changed that not only makes it mandatory and possible for the government to go by primary records instead of the covering letter or application form which can misrepresent matters but also make it mandatory that culprits who misrepresent by design or accident are forced to undergo the consequences of that act.
In the instant case, the government could take action on the strength of the Supreme Court's observation of natural justice and reflection of the actual date on the basis of primary document - birth certificate (in the absence of verifyable birth certificate, then the matriculation certificate) - and sooner recommend a court-marshall of the official book keeper of Army's records for ignoring the representation made by General Singh for all these years - for dereliction of official duty.
Gen VK singh would not have been allowed to join the military
training academy unless he had produced legally acceptable documentary
proof for his date of birth before that. Common sense dictates that
whatever date of birth was accepted then should be the one taken for
his retirement day.Further, his date of birth would have been
documented in the birth certificate issued by the concerned municipal
authorities, hospital record of the hospital where he would have been
delivered and his father's record of service. Date of birth is also
mentioned in passport and an officer's identity card. With so many
avenues to establish the correct date of birth , it is wonder of
wonders how this case has come to the stage,it has. Does it require
extra ordinary intelligence to doubt some ulterior forces/ vested
interests behind it?
The whole matter has shown the decline of moral values in our society.Moral values and dedication toward nation is what required by every citizen of India including beurocrats,leaders & top officials.All such disputes frame a very sluggish image of India at the global level.We are not at a position where we can afford for such scams and disputes.Still there are many cases pending in the court where justice is denied to victims.We are not appreciating the great sacrifices of our freedom fighters.There are number of people & communities which requires attention by govt.So it is the responsibility of every leader & higher official to keep high & sensitive patriotic approach for the country.This'll definitely change the face of our nation,reduce such incidences & boost the confidence of loyal & dedicated citizens.
I'm surprised to see people actually blaming the General of being
equally complicit in the matter. The General joined the Armed Forces
through the UPSC. The UPSC settled the matter of age as 1951. Why didn't
the govt bother to check when he was promoted General? Indian Army isn't
Pakistan Army, prone to coups. The MOD has full power and responsibility
to check up these facts. The govt is acting as if the general is guilty
till proven innocent, which goes against legal principles.
Elite vs Elite: The elite class of defense administration is not worried about the image of the institution they want to settle score with Army over which they have little or no control. Army is uncooperative in general in the matters related to transparency. The recent scams (many pointed by CAG) and tardy process of punishing the guilty in court-martial reinforce the idea that the officer-class of army wants to do thing in their elite /corrupt way.
Why only hold Govt. totally responsible or every snag. The General here is also equaly responsibile for giving two different dates of Birth. The Hon'ble judges should rap the General equally too. Had there been just one date the conflict would not have appeared, but the whole problem is because of two different dates which is basically the fault of the General himself.
It appears the government is faltering at all levels. First it was 2G fiasco and now this is an issue where it has slipped on its face. It becomes evident by the ongoing debate and acts by GOI that it does not want the general to continue beyond May12 due to some ulterior motive of some members of govt.,even if this calls for twisting the documents or its image getting tarnished in public and intelligensia mind.It is a high time the GOI and its oficers should come clean on issues of Armed force or India will lose it face as a large democratic nation in international community.
Prima face it seems the entire administrative wing had decided to take the Major for a task.Arriving in to an amicable settlement was nowhere in the agenda as the Major was dead against corruption.Obviousely a minority everywhere across the nation.Generally when a dispute arises,the advantage of doubt would go to the employee as the institution can make up the burnt but the employee need not.Here it seems the Administration was adamant in not relenting to the views of the Major.Not only adamant they wanted to teach the Major a lesson.Had it been otherwise the entire issue would have been settled with in the limits of the Service Rule either by conciliating or by arbitrating.The legal procedings would have been the last resort.From the surface it seems the ego of the administration is ruling the issue-they wanted the Major to content with loss of one year service.He did't relent.Then let us see to what extent he would go,seems the attitude.Result of ego superseeding work ethics.
I feel greatly sorry for Dr. Man Mohan Singh who for all his
excellent gentlemanly qualities, great qualification and a clean
image, has proved himself totally incompetent as leader surrounded
by a most corrupt crowd who are prepared to stoop any level to
swindle the country dry. Today it is amazing incompetent handling of
wholly avoidable issue of date of birth of Chief of Army; yesterday
it was sever 2G indictments. We are not sure of tragedy is in store
for him tomorrow. The morale of the country couldn’t be lower. MMS
will do himself and country a great service by honourably resigning.
After all as aptly said by William Shakespeare it is “The evil that
men do lives after them; The good is oft interred with their bones”
Technically, if the Defence Minister's order dated December 30th, 2011 is withdrawn, then the Army Chief's appeal against decision taken on July 21,2011 is still pending with the Defence Minister.The Defence Minister has yet to decide on the issue by following a procedure, which should comply with the principles of natural justice and the Constitution. Let us hope that the Government acts judicially within the period of one week afforded by the Honourable Supreme Court. I feel this is an issue which goes beyond the law and speaks about relationship management. Why did the relations between the Defence Minister and the Army Chief sour? What was the Prime Minister doing about it? Was he performing his usual role of 'helpless spectator'? These are the questions that need to be answered. You treat the Army Chief with dignity and respect he deserves, and you get the solution.
Supreme judgement once again by the supreme court which brings the government to notice once again.
..It is an open secret that IAS lobby is working overtime to stretch its wings in all sections of administration ,whether Defense ,Education ,medicine etc. It wants to head UGC ,Defense ,ICMR , Selection of Judges etc. Even in fixing pay scales ,it wants to project itself as the one which deserves best treatment in Scales of pay . It questions the role of Army Officers forgetting that they protect the nation especially in border areas with utmost restraint and with out moded equipments & weapons . It is time this lobby should be shown its place .
As an Indian,I am proud of my Supreme Court, intellect of Judges in strengthening democracy and it is highly desirable in national interest that the quality of political leadership and press (Media)too should change for better.
It is a fact that army chief has always claimed his age May 10, 1951 and not as May 10, 1950. The confusion arose as date of birth in the NDA form filled the chief was May 10, 1950 but he submitted his matriculation certificate which bears his date of birth as May 10, 1951.I think it is an open and shut case in legal terms that his date of birth be taken as per his matriculation certificate which bears his date of birth as May 10, 1951. Therefore his date of birth be treated as May 10, 1951.
If the government view point prevails then all people are free to fill their date of birth as they wish to, while applying for a government job. And going by the government logic in army chief’s case, finally the date of birth the candidate fills in the application form will prevail.
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