The Armed Forces Tribunal (AFT) has quashed the dismissal of Colonel NS Grewal, who faced 18 charges of misconduct, terming the disciplinary proceedings as 'colourable' and 'malafide'. The Tribunal directed that the officer be deemed removed from service by the Chief of the Army Staff, entitling him to pension and other pensionary benefits for his service period.
Background of the Case
Colonel NS Grewal was posted as Commanding Officer of an infantry battalion in October 2008. In November 2017, his services were terminated by dismissal without pension and gratuity under Section 19 of the Army Act read with Rule 14 of the Army Rules. The dismissal followed a series of complaints, including alleged misbehaviour with ladies, which led to a court of inquiry (COI) in September 2010. The COI was completed in March 2011, and a Summary of Evidence (SOE) was recorded by October 2011.
Delay in Court Martial Proceedings
The battalion was selected for a UN peacekeeping mission. Grewal requested that witnesses who deposed against him not be sent abroad to avoid delay in disciplinary proceedings. Despite this, the General Court Martial (GCM) was not convened until January 2014, more than two years after the SOE concluded. The officer raised a plea in bar, claiming the GCM was time-barred, which was accepted in July 2014. Subsequently, in September 2015, a show-cause notice was issued for administrative termination of his services.
Legal Arguments and Tribunal's Observations
Senior Advocate Rajeev Anand argued for the petitioner that administrative action can be taken if a GCM becomes time-barred, but if the delay is attributable to authorities, the exercise of administrative power to punish may be declared without jurisdiction as a colourable exercise of power. The AFT Bench, comprising Justice Sudhir Mittal and Lt Gen Ranbir Singh, observed that the SOE was concluded on May 18, 2011, and a representation for early conclusion was made on July 28, 2011. The unit returned from Congo in October 2012, yet the GCM was delayed until January 18, 2014.
Ruling and Impact
The Bench stated, 'It is thus evident that there is no material available on record to justify the delay. Inference of malafide intentions can thus be safely drawn. Clearly, the SOE revealed that the court martial proceedings would not have resulted in an adverse action against the appellant. We are thus, left with no option but to conclude that the delay was malafide and colorable exercise of administrative power.' The order of dismissal dated November 27, 2017, was quashed. Since Grewal would have crossed the age of superannuation, reinstatement was not possible, but he is entitled to pension benefits for his service rendered.
