Armed Forces Tribunal Intervenes in Colonel Purohit's Retirement and Promotion Case
In a significant development, the Armed Forces Tribunal (AFT) has issued a directive to keep the retirement of Colonel (time scale) Purohit Prasad Shrikant in abeyance. This order comes as the tribunal reviews his statutory complaint seeking promotion and other service benefits, following his acquittal in the high-profile 2008 Malegaon blast case. Colonel Purohit was originally scheduled to retire on March 31, but this decision temporarily suspends that process.
Legal Proceedings and Tribunal's Observations
A bench led by AFT chairperson Justice Rajendra Menon and administrative member Rasika Chaube passed this order while hearing a plea filed by the Army officer. Colonel Purohit invoked the tribunal's jurisdiction under Section 14 of the Armed Forces Tribunal Act, 2007, arguing that he was unjustly denied promotions while facing criminal trial after his arrest in 2008. The tribunal has issued notices to the Union government and other respondents, demanding an explanation as to why directives should not be issued to consider his case for promotion and grant all consequential service benefits on par with his batchmates or subordinates.
In its order dated March 16, the AFT observed, "Prima facie, we find that a case is made out where the applicant may be right in contending that he is entitled to be considered for the grant of promotion and all other service benefits at par with his juniors, which were denied to him." Furthermore, the tribunal noted that Colonel Purohit's claim of being "implicated in the case in an illegal, fabricated manner" appears to have been established by the criminal court, adding weight to his plea.
Army's Response and Rank Explanation
When contacted, an Army source stated, "Indian Army will examine the judgment and thereafter take action as per policy provisions." The source also provided clarity on the 'Colonel (time scale)' rank, explaining that in the service bracket of 15-18 years, Lieutenant Colonels are considered for promotion by a promotion board, with only 30-50% becoming Colonels. Those who remain as Lieutenant Colonels but complete 26 years of service with an impeccable record are given the rank of Colonel (time scale).
Colonel Purohit completed 26 years of service long ago, but due to disciplinary action and a vigilance ban during his trial, he was only granted the Colonel (time scale) rank after his acquittal. This delay has now become a central issue in his quest for fair treatment and retroactive benefits.
Next Steps and Broader Implications
The matter has been listed for further hearing on May 22, where the tribunal will continue to examine the case. This development highlights ongoing challenges within military justice systems regarding promotions and benefits for officers acquitted after prolonged legal battles. It underscores the need for clear policies to address such scenarios, ensuring that service members are not unduly penalized post-acquittal.
The AFT's intervention serves as a reminder of the importance of due process and equitable treatment in armed forces personnel matters, potentially setting a precedent for similar cases in the future.
