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  • Wednesday 12 July 2017

    Govt clips wings of Armed Forces Tribunal in new rules

    Armed Forces Tribunal, AFT, Defence Secretary, High Court, CJI, India news, Indian Express news
    The Union government has changed the rules governing appointment in the Armed Forces Tribunal (AFT), giving more powers to the Defence Secretary who would now have a role in ordering inquiries against members of the tribunal and their removal. Contravening a Constitutional Bench judgement of the Supreme Court which directed the placement of tribunals under the Law Ministry, the new rules reiterate that the AFT will function under the Ministry of Defence which, incidentally, is the ministry against which all orders of the AFT are to be passed.

    The rules also reiterate the role of the Defence Secretary in selecting the Members of the tribunal and even consultation with the Chief Justice of India (CJI) has been abrogated. The Defence Secretary and other bureaucrats would now have a role in ordering inquiries against members of the tribunal and their removal, which could only be undertaken by a Supreme Court judge till now.

    The facilities and benefits of retired High Court Judges appointed as Judicial Members have been downgraded to regular Group A (Class I) officers of the Central Government. While the SC had directed a longer tenure for tribunal members without a provision for re-appointment to ensure independence, the new rules have decreased even the existing tenure to 3 years and have provided for re-appointment by a selection committee, of which the Defence Secretary is a member. This, despite the fact that the Defence Secretary is the first respondent party in all litigation in AFT.

     While the existing provisions barred the post-retirement employment of members with the government, the new rules specifically allow such employment. Under the new rules, any advocate with 10 years of practice can be appointed as the AFT Chairperson while the lower appointment of Judicial Member can only be held by a High Court Judge.

    Chairman of All Indian Ex-servicemen Welfare Association and a practising advocate at AFT’s Chandigarh bench, Bhimsen Sehgal, said that the amendment to rules was wrong and it will degrade the status of the appointees. “Nobody will come forward to become a member of the AFT in view of such rules. Further, the AFT should come under the ambit of the Minstry of Law and not Ministry of Defence. It cannot function independently as all infrastructure is provided by MoD,” he said.

     Sources say that the government had notified the rules even when the Punjab and Haryana High Court had directed the central government in 2012 to place the AFT under the Law Ministry and also to recast the selection committee. When the UPA Government had approached the SC with a Special Leave Petition, the apex court had refused to stay the judgement and had only agreed to stay the contempt proceedings in the HC.
    http://indianexpress.com 

    Saturday 8 July 2017

     Rs 4 crore compensation to officer court-martialled 26 years ago
    LUCKNOW: In a landmark judgment, Armed Forces Tribunal (AFT) has ordered the defence ministry to pay Rs 4 crore compensation to an officer who was court-martialled 26 years ago.
    While reinstating the service of second lieutenant SS Chauhan, the AFT also asked the army to deposit Rs 1 crore with the Army Central Welfare Fund within a period of four months.
    Chauhan, of the Sixth Rajput Battalion, was posted in Srinagar when he was courtmartialled after being declared a deserter and mentally unstable.
    Quashing the court-martial of Chauhan, Justice DP Singh and Air Marshal Anil Chopra asked the defence ministry to reinstate the of ficer and provide him promotional avenues up to the stage of lieutenant colonel for the purpose of arrears of salary, pension benefits and rank.
    "Keeping in view... mental pain, agony and humiliation suffered by the petitioner, it is a fit case where the petitioner should be awar ded exemplary compensatory cost," the bench observed.

    Chauhan, who hails from UP's Mainpuri district, was court-martialled on November 4, 1991, and the order was approved by the then General Officer Commanding-inChief, Srinagar. The officer reportedly landed in trouble when he recovered 147 gold biscuits weighing around 27.5kg during a search operation in Srinagar on April 11, 1990.
    In his petition, Chauhan pointed out that the gold biscuits were recovered from a house in the presence of other soldiers and were handed over to his seniors.
    During the trial, the tribunal observed that Chauhan's senior officers implicated him in false cases to ensure that the recovery of gold could be concealed from the government.
    Justice Singh and Air Marshal Chopra directed the chief of the army staff to look into the matter. 

    http://timesofindia.indiatimes.com 

    Thursday 6 July 2017

    OROP CASE HEARING LIKELY ON 05/07/2017

    SUPREME COURT OF INDIA
    Case Status Status : PENDING
    Status of : Writ Petition (Civil)    419    OF   2016
    INDIAN EX SERVICEMEN MOVEMENT AND ORS   .Vs.   UNION OF INDIA AND ORS 
     
    Pet. Adv. : MR. BALAJI SRINIVASAN   Res. Adv. : MUKESH KUMAR MARORIA 
    Subject Category : MATTERS PERTAINING TO ARMED FORCES & PARA MILITARY FORCES
    Listed 0 times earlier           
    Last Listed on : 05/07/2017

    Last updated on 06-07-2017

    Tuesday 4 July 2017

     
     Tuesday, 4 July 2017 | 06:20:31 PM

    Low military service pay: Petition in Orissa HC


    A petition was filed in the Orissa High Court on Monday by former Defence personnel against the Finance and Defence Ministries against being aggrieved over the low pay given to soldiers, sailors and airmen since September 1, 2008.
    The petitioners stated that because of this, each individual ex-Serviceman pensioner (JCO,OR) lost a minimum Rs 31,0700 (without DA) in the last 109 months and, thus, they subsequently also lost the benefits of OROP and the 7th  Central Pay Commission recommendations which is  linked to this Military Service Pay whereas the real benefit is availed only by the Commissioned Rank Officers.
    This is great injustice and can demoralise both serving and retired Junior Commissioned Officers, Non-Commissioned Officers and the other ranks of the three services, pointed out the petitioners.
    If in India an organisation like military, the Government cannot bring uniformity in single allowance, i.e., Military Service Pay which represents persons wearing uniforms then the country would never reach the basic objectives of the Constitution that are equality, justice, fraternity, freedom and liberty as enumerated in its preamble, the petitioners stated.

    http://www.dailypioneer.com/state-editions/bhubaneswar