STEALING THE AFFECTIONS OF BROTHER OFFICER'S WIFE AND ALMOST GETTING AWAY WITH IT

I have written extensively in the past on the lopsided manner of dispensing justice in the military, particularly in the Army. Time and again examples come forth on how, either, deterrent punishments were not awarded to those convicted of crimes of severe gravity, or, punishment meted out for certain offences was too harsh and not commensurate with the offence committed. Yet there does not seem to be any haste being shown by the Army authorities to correct these imbalances which have crept into the system and have now institutionalized themselves. The Judge Advocate General's Branch seems to be too lethargic to initiate any reforms while the Army Headquarters seems supremely indifferent to the adverse effect this can have on the morale of the rank and file.

The present case is extremely distressing. And the manner in which the aggrieved officer has had to run around pillar to post is also a matter of shame. And he is yet to get full justice.

It is imperative that the identities of the two officers involved in this case be kept confidential, at least at this stage, even though I believe that such protection is more needed by the aggrieved officer than by the one who is accused of the offence.

The fact of the matter is that this case pertains to two officers of the rank of Colonel who enjoyed friendship throughout their career right from their days in the College of Military Engineering. This friendship, secured in their youth, continued as they rose in their career and there was nothing amiss in their relationship. And then the aggrieved officer was posted to a field area and he had to leave his family back in Noida.
It was alleged by this officer that taking advantage of his absence from the station, the accused officer took undue advantage and not only established deep friendly relations with his wife but also developed physical relations with her.

The aggrieved officer contended that he found out these facts while packing for moving to another station and found the diary of his wife which contained the incriminating evidence. His immediate action was to have complained to the Colonel of the Regiment who was also then the Vice Chief of Army Staff. he was initially advised to ignore this indiscretion because of adverse effect it might have on his child. However, the officer could not accept the facts and made a formal complaint following which a Court of Inquiry was ordered by the competent authority.

The aggrieved officer contended that the Court of Inquiry found the accused officer guilty of the offence and the convening authority, i.e. GOC 1 Corps, recommended termination of services of the accused officer. However, much to the consternation of the aggrieved officer no action was taken against the accused officer and in the meantime he was approved for the rank of Brigadier by the selection board.

Since he was not promoted to the next rank despite being approved the accused officer moved the concerned bench of the AFT which gave him relief saying that since the Army had taken no action against him and his juniors had been promoted the Army should promoted him too. Inexplicable, the JAG branch did not recommend filing an appeal in the Supreme Court in this case even though they go to the SC on the slightest pretext, even when it concerns the welfare of ex-servicemen!

The aggrieved officer immediately moved the AFT in Delhi praying for justice and pointing out how grave injustice was being done to him. In the meantime, after AFT took notice of the matter the authorities awarded "Severe Displeasure" to the officer who was found blameworthy by the Court of Inquiry. Now this is ridiculous to say the least. Here is an offence where officers, JCOs and ORs have been dismissed from service for culpability yet this officer was awarded a milder punishment! What benchmark do authorities have for awarding punishments? Or do they have any benchmarks at all? Are punishments awarded on whims and fancies by persons exercising their power?

Another more serious question which is raised by this episode is whether there was a concerted attempt to ensure that the accused officer gets away and picks up the rank of Brigadier and which is why no punishment was awarded to him despite the Court of Inquiry having been completed? Also, there are reports that efforts are still being made by certain quarters to see if this officer can still pick up the next rank.

It is time for the people sitting in higher echelons to wake up and smell the coffee. Times are changing. This is the age of information dissemination at real time. News travels fast and bad news travels faster. Get a grip on affairs before things go out of control.

MS BRANCH-JISKI LATHI USKI BHAINS?

The recent judgement of the Chandigarh bench of the Armed Forces Tribunal has once again laid bare the manner in which those who know how the system works are able to take advantage of it.

The shenanigans which take place in the MS branch has time and again been laid bare by the judicial system yet no measures have been taken to ensure that careers of officers are not harmed because of the loopholes in the branch.

I had some time back written a blog on this very issue pointing out how MS branch plays with the careers of officers.

Senior officers cannot escape the blame by pointing out the collusion of those down below the chain of command. The onus of seeing that the MS branch functions properly is not only with that of MS but also that of the Chief of Army Staff.

If deserving officers are losing out on promotions because of faults in the system then it is high time that the system is corrected. Else, the adverse effect on the morale of the officer cadre will someday be too obvious to ignore.

Given below is the time line of the case in hand pertaining to Brig T Parshad of the JAG branch and it lays bare the callousness with which deserving officers have got sidelined while he got all the favours.

May 2012   -   One additional vacancy of Maj Gen in the JAG Branch announced taking the total vacancies of Maj Gen to two. There were now 4 contenders for the two vacancies out of which Brig T Parshad (Dy JAG Central Command) was the junior-most.

June 2012   -   Brig T Parshad floats a statutory complaint stating that his ACRs should be expunged and he be granted relief in his career profile.

Sept 2012   -    Selection Board for the rank of Maj Gen of JAG Branch was supposed to be held in Sept 2012 but is postponed.

15^th Oct to 19^th Oct 2012 – Selection Boards of various Arms and Services scheduled and Board for the two vacancies of Maj Gen in JAG Branch was supposed to be held on the second last day, that is, 18^th Oct.

16^th Oct 2012  -  Out of the blue and totally out of turn, Brig T Parshad is given relief and his ACR as was challenged by him, is expunged. Normally the Army HQ/MoD take about 6 to 12 months to dispose statutory complaints related to ACRs but in this case, the same is done in about 4 months out of turn whereas complaints for redressal of many officers of various Arms and Services who had filed them much earlier than this officer were pending as on date and some remain pending even today.

17^th Oct 2012   -  The order granting relief to the officer is sent to the MS Branch on the eve of the selection board and the new career profile is inserted into the dossier and record of Brig T Parshad stealthily thereby improving his record to enable him steal a march over the others by shifting the goalposts of the selection. Over the day, evening and night, the records are changed whereas policy clearly provides that all records are supposed to be frozen 5 days prior to the Selection Board meaning thereby that records were to be frozen and could not be tampered with after 10^th October 2012 (15^th Oct was the first date of the Selection Board process). If we take the last date of the Board, that is, 19^th Oct 2012, then the records were to be frozen by 14^th Oct 2012, both dates are prior to the date on which even the relief was granted to the officer thereby rendering the inclusion of his changed profile in the board, illegal.

18^th Oct 2012  -  the Selection Board for the rank of Maj Gen of JAG is postponed by a day. The insertion of the changed profile of the officer is completed in a clandestine manner and the MDS (Master Data Sheet) is also illegally amended.

19^th Oct 2012 – Selection Board is held and Brig N Khanna (the current ADG Litigation) and Brig T Parshad are empanelled for the rank of Maj Gen. As a result, Brig T Parshad, based on his freshly changed profile, supersedes his two seniors – Brig Dinkar Adeeb and Brig PK Sharma. The members of the Selection Board are however not informed that the profile and marks of Brig T Parshad were changed overnight in contravention of rules that too after granting him out of turn relief again in contravention of policy.

Points which emerge:-

(a)   How could the policy letter No A/17151/MS 4 Coord dated 25/28 April 2009 (which provides that no inputs or change in profile can be taken on record 5 days prior to the board) be so brazenly contravened and flouted without any inkling to the military top brass or members of the board?

(b)  How could the officer be granted out-of-turn relief in just about 4 months in contravention of policy letter No 04480/MS Policy dated 26 Sept 2005 whereas the cases of many other army officers remained pending for a period of more than 6 months to one year with some complaints not even being decided for years together.

(c)  Is it a fact that since JAG officers are controlling major key appointments in the Army HQ including the Military Secretary’s branch (MS Branch) an element of manipulation, deceit and tampering of records and policy is creeping in especially in the case of JAG Branch? Why does the top military and ministry brass remain unaware of tampering and interference of records by JAG officers, is there no system of checks and balances or has nepotism encompassed the entire system?

(d)  Similar flouting of policy and manipulation in the selection board for the rank of Brig was pointed out to the AFT by officers of the JAG branch after which the MoD took suo-moto action and cancelled the board and ordered its re-convening. (Also Recorded in an earlier Court order) thereby giving relief to affected officers, why weren’t checks and balances introduced at that time.  

(e)  Many petitions concerning nepotism in the JAG Branch remain pending before various benches of AFT, has the system taken note of the allegations and ordered any inquiry or corrective measures?

(f)    What message are the seniors who are indulging in flouting of policy and rules and manipulation giving to young officers of the organisation? Jiski laathi uski bhains? Is this the future of the younger generation, especially of the JAG Branch?

BRIGADIER GETS A BREATHER IN CORRUPTION CASE

Brig RS Rathore must be heaving a sigh of relief. He would have been facing disciplinary proceedings by now, had it not been for a last minute intervention from someone very influential who put a stop to the matter, for the time being at least.
Let's deal with the sub. without delay, as PG Wodehouse would have said.

Brig RS Rathore is posted as the Brig (A) at HQs 14 Corps. He had been attached to HQs 41 Arty Div vide orders of the DV Directorate in February this year for facing disciplinary proceedings regarding a case related to the time when he was a Colonel. However, the orders were cancelled on February 21 and the Brig was saved from the embarrassment for now.

There are whispers in the corridors of Sena Bhavan that the reprieve for Brig Rathore came at the instance of the newly appointed Judge Advocate General (JAG), Maj Gen PS Rathore, who allegedly initiated a noting sheet saying that the case needed to be re-looked. Incidentally, Maj Gen Rathore took over on February 18, just three days before the cancellation of orders.

The matter pertains to the days when Brig RS Rathore was the Commandant of COD Dehu Road, near Pune in 2007-09. The CDA reportedly detected a scam wherein fake bills had been raised for hiring trucks for the supply of ordnance stores to units across the country. The CDA is said to have detected that the same truck was showed to be in Guwahati and in Bhuj on same day. Some say the scam was to the tune of around Rs 15 crores.

A Court of Inquiry was ordered by GOC M and G Area in 2011 and it was conducted by the Deputy GOC. The CoI reportedly found Brig Rathore and one Brig Mohan and Col Tarsem Singh, who was Deputy Commdt, blameworthy. Brig Mohan has, in the meantime, taken pre-mature retirement.

However, the entire process has come to a halt following the withdrawal of orders of attachment.

It is surprising that the Army has gone slow in this case just days after the Supreme Court made a adverse comment on how an officer was allowed to go scot-free because the Army delayed his trial till the case became time-barred. Incidentally, the present JAG was the Deputy JAG of Central Command when the case of Col Rajvir Singh, became time-barred.

NEXT ARMY JAG LANDS IN PROMOTION MESS

Even as the war for succession for the next Chief of Army Staff is still on, the Army's Judge Advocate General (JAG) branch has landed in a controversy over the next Judge Advocate General. The present JAG retires on January 31 but the one anointed to be the successor may not be able to take over because of a stay on his promotion by Kolkata bench of the Armed Forces Tribunal (AFT).

Brig PS Rathore, currently serving as Deputy Judge Advocate General (DJAG) in South Western Command in Jaipur has been approved for the rank of Major General. But a petition against him is pending in the Kolkata AFT which had last month put a stay on his promotion. That stay order has not been vacated as yet. On top of that, the petitioner against Brig Rathore, Lt Col Mukul Dev, has filed a contempt application in the Kolkata AFT seeking action against the Army authorities for de-classifying Brig Rathore's promotion board result inspite of the stay order of the AFT.

The genesis of this mess lies some years back when Brig Rathore was serving as DJAG Central Command in Lucknow and Lt Col Dev was posted there as AJAG. To cut the story short, things were not good between them as one thing led to another, Lt Col Dev was shifted to a non-criteria appointment, a Part-II order was issued when, perhaps, it should not have been, and as a result of all this brouhaha a Court of Inquiry was ordered.

The CoI found several officers blameworthy, including Lt Col Dev and Brig Rathore. However, inexplicably, while Lt Col Dev got 'Severe Displeasure' from the Army Cdr, Brig Rathore did not get any punishment.

Lt Col Dev's promotion prospects got affected because he had not been adequately exercised when he had been moved away from the appointment of AJAG and then, of course, because of the punishment.
Consequently, he moved the AFT which passed the orders which have been enunciated above.

One would expect the JAG officers serving at senior appointments to be well-versed with the law so that such situations do not arise. But apparently, all is not well in the JAG Branch.

The JAG is also the principal legal advisor to the Army Chief. And with the present one retiring, the new one will not be at hand to help the Chief in any legal imbroglio of the organisation. Something for the Army Chief to chew on while he fights a personal legal battle over his date of birth.

High-handedness of senior officers

Often some senior officers in the defence services feel that they can get away with anything. And more often than not, they do get away. And this emboldens them.
Take for example, the case of a Lt General who is serving as Chief of Staff in one of the commands of the Army. He, under the influence of pliable officers, who have compromised his position as well, has posted an officer of the Judge Advocate General's branch to the Quartermaster General's branch in the Command HQs. Now, all of us who are familiar with the way the Army functions know that this is absolutely ridiculous. Can, for example, an officer of the Army Medical Corps be posted to command a supply battalion? JAG branch officers can only be posted to appointments which are contiguous with their legal qualifications. But then, the less said about the JAG branch and the influence it generates over officers of the other arms and services, the better. It is a vice-like grip which gets its nourishment from the illegal acts and rampant corruption on part of senior officers.
There has been an ongoing battle between the direct-entry JAG branch officers and those who get side-stepped in the branch from other arms. The present instance of the JAG officer being side-stepped is one of the symptoms of this disease which has now all the signs of consuming this branch. Not that the Army HQs does not know about the happenings in this particular command and the high-handedness of the three star general. But the rot is too wide-spread to be contained.