The Supreme Court on Monday stayed an order of the Armed Forces Tribunal, Lucknow Bench, slapping Rs 50 lakhs as costs on the Centre, the Chief of Army Staff and the military secretary and demoting a Lt. General to the rank of a Brigadier.
A vacation bench of Justices P.C. Ghose and Amitav Roy stayed the AFT’s order imposing costs and also reverting Lt. Gen. Mehta to the post of Brigadier. The tribunal also slapped '5 lakhs costs on Mehta.
Appearing for the Union of India, attorney-general Mukul Rohatgi argued that the tribunal’s order imposing costs and demoting a Lt. Gen will result in chaos in the Army as the order takes away the government’s power of “confidential review” of the personnel in the Army. He pointed out that the tribunal had passed such an order acting on an application from Maj. Gen. R.S. Rathore, who is retiring on May 31 and is not eligible to be considered for promotion in view of the pendency of court of inquiry. The bench, while staying the order, directed the appeal to be listed for final hearing in August.
In its appeal, the Centre said the final order passed by the AFT is in complete disregard to the order (dated 18.3.2016) passed by this court in the earlier round of litigation. It pointed out that Mehta as well as Maj. Gen R.S. Rathore, deputy commandant and chief instructor, College of Materials Management, belong to the Army Ordnance Corps of 1979 batch. They both were considered for promotion from Brigadier to the next promotion to the rank of Major General in October 2011. While Rathore was recommended to be empanelled, Mehta was not recommended. Subsequently based on court order, Mehta was considered for promotion for the post of Lt. General ahead of Rathore as some disciplinary proceedings were pending against him.
The AFT quashed this promotion and demoted Mehta and slapped Rs 5 costs on him and imposed Rs 50 lakhs costs on the defence ministry. The appeal prayed for quashing the AFT order and an interim stay of its operation.
