The Supreme Court, on Tuesday, pulled up the Army for its “disturbing trend” in treating cases like that of Major Ravinder Singh, whose case has come to a situation where no consideration is made for grant of permanent commission by a “prejudiced mind.” Such cases have demoralised and discouraged many of the youths in joining the forces.
A bench of Justices Surya Kant and N Kotiswar Singh observed that Major Singh faced difficulty in getting alternate employment and was denied permanent commission despite meeting the required qualifications. “Prima facie, it seems they acted with a prejudiced mind against him. We cannot allow an officer to be exploited in this manner,” the bench said.
The Court also directed Additional Solicitor General Aishwarya Bhati, appearing for the Centre and the Army, to produce the proceedings and original records of the selection board which considered Singh’s application for permanent commission before the next date of hearing.
Meanwhile, Justice Surya Kant commented on the deep-seated ills within the Army, “If you keep saluting them day and night, everything is fine. But the moment you stop, they will go against you.” He also observed that Singh’s ACRs started getting adverse after he moved the courts of law regarding his commission.
Counsel for Major Singh contended that his ACRs were consistently rated outstanding for a period of ten years since his commissioning, specially when he served in very active and sensitive posts including Jammu and Kashmir, whereas for no ostensible reasons the same became unsatisfactory after his approach to the Armed Forces Tribunal.
The bench asked Ms. Bhati about the ACR assessments, which ought to have been transparent. “When he wished to leave the service, you did not permit him. When he applied for permanent commission, he was not considered. If such behaviour continues, why would anybody join the Indian Army?” the bench asked.
Counsel appearing for Ms. Bhati submitted before the Court that out of a total of 183 officers considered by the selection board, only 103 were granted permanent commission. She further stated that Major Singh received 58 marks which was below the cutoff of 80. The Court recorded this in its order and persisted that the ACRs and communication regarding the same be produced for perusal on the next date of hearing on February 4.
The bench then asked for the date and the author of the ACRs, insisting on making them examine the parameters on which they were assessed. To this, Ms. Bhati responded that these are confidential documents, and the selection board does not know who the officers are, and only the ACRs form the basis of their decisions on permanent commission.
