Army’s legal wing tangled in litigation from within

Vijay Mohan/TNS

Chandigarh, July 16
The Judge Advocate General’s (JAG) Department, Army’s judicial-cum-legal wing tasked with dispensing military justice, ensuring fair play and rendering legal advice to commanders on operational and administrative matters, is caught in a web of cases filed by its own officers alleging irregularities in the system.

For a strength of 121 officers, around 100 cases filed by JAG officers are pending before the Armed Forces Tribunal and other courts of law, say sources. This includes some officers who have filed multiple cases.

Most cases pertain to perceived irregularities and underhandedness in promotions, postings or handling of annual confidential reports, and in some cases acts of professional misdemeanor. Besides court cases, a large number of JAG officers has also filed statutory complaints before the Central Government to air their grievances on similar matters.

The JAG Department is headed by an officer of the rank of Major General. The current incumbent, Maj Gen PS Rathore, has been dragged to court by another officer, Lt Col Mukul Dev, who alleged that he was transferred “illegally” by him. The tribunal upheld the officer’s contentions and had ordered the matter to be investigated.

Though the order was passed in December 2012, the tribunal on perusing the records and files of the case observed that no fresh investigation was carried out by the Army as directed. In an affidavit filed before the court, the Defence Ministry had claimed that an investigation was carried out but nothing was found against the officer that indicated mala fide intent on his part.

In its latest order earlier this month, the tribunal directed the Defence Ministry to initiate fresh investigation against the Army’s top law officer for his alleged acts within a “reasonable time” to ensure that “the spirit of justice is not suffocated within the apron of executive action”.

Another petition filed by Brig Dinkar Adeeb, one of the top JAG officers, has alleged manipulation and violation of policy in the selection board proceedings to promote officers to the department’s apex position.

He has claimed that a junior officer, Brig T Prashad, was hastily granted out-of-turn relief on the eve of the selection board’s meeting and then his name was considered with a changed, improved profile resulting in his empanelment for promotion. He has contended that career profiles have to be frozen five days before the board’s meeting whereas in this case, the changes were made the previous evening.

Fresh promotions from Colonel to Brigadier have also created a controversy with a Colonel approaching the tribunal over the selection process.

Battling their own

The Judge Advocate General’s Department dispenses military justice and renders legal advice to commanders on operational and administrative matters

While the department has 121 officers, its own officers have filed around 100 cases in the Armed Forces Tribunal and other courts of law

Many officers have also filed statutory complaints before the Central Government