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Delhi HC asks Army couple seeking joint posting to move to different locations within 15 days

By: PTI | New Delhi |

October 20, 2020 2:48:03 pm

Delhi Excessive Courtroom

The Delhi Excessive Courtroom Tuesday requested the Military’s Colonel couple who had challenged their postings to 2 completely different places to maneuver to their newly assigned posts inside 15 days.

A bench of Justices Rajiv Sahai Endlaw and Asha Menon issued the course whereas disposing of the plea by Colonel Amit Kumar who had challenged his posting to the Andaman and Nicobar Islands from Jodhpur in Rajasthan on the bottom that his spouse, set to be promoted as Colonel, was being despatched to Bathinda in Punjab. Kumar is an officer in Choose Advocate Normal (JAG) division of the Military.

The bench stated the Military has given causes in its order rejecting Kumar’s request/illustration for a partner coordinated posting and no floor of mala fide or violation of any rule has been made out for the courtroom to intrude within the matter.

“It’s clear from the order (of the Military) that each one facets as required to be thought of have been thought of,” it added.

The bench on September 15 had requested the Military to think about the plea as illustration and take a choice on the request of the couple for a joint posting inside 4 weeks.

The excessive courtroom had additionally placed on maintain the postings of the 2 officers until the subsequent date of listening to on October 20. The Navy Secretary Department of the Military, subsequently, handed an order on September 30 rejecting the request citing “operational state of affairs alongside the borders”, “organizational curiosity” and paucity of such senior officers within the JAG division.

The stand of the Navy Secretary Department was opposed by the 2 senior officers whose counsel had claimed that the division was attempting to “misguide” the courtroom by utilizing phrases like ‘border state of affairs’ and ‘organizational curiosity’ as “smokescreen”.

In the course of the listening to on Tuesday, the bench on the outset expressed displeasure over alleged leak of knowledge to the media concerning the 2 officers’ grievances and stated “you’ll be able to both go to the media or come to the courtroom”.

The bench stated that the news experiences whereas highlighting the wants of the 2 officers has additionally “painted the Military as insensitive”.

“We don’t respect stated conduct of the petitioner that whereas matter in pending in courtroom, he’s approaching the media,” it added.

Kumar stated in his defence that he has not leaked any particulars to the media nor given any interviews. Senior advocate Rana Mukherjee, showing for Kumar, instructed the bench that the Military’s September 30 order doesn’t think about the coverage that youngsters shouldn’t be separated from their mother and father and added that the promotion of the petitioner’s spouse to the rank of Colonel has additionally been saved on maintain.

Rana additionally urged the bench to make clear that aid sought within the petition, filed by way of advocate Sunil J Mathews, with regard to formulation of a partner coordinated posting coverage has not been handled. The bench, thereafter, clarified that the coverage formulation challenge has not been handled within the current matter and every time it’s raised in another plea or not it’s determined in accordance with legislation.

Informing the courtroom about its resolution of September 30, the Military, had stated that the 2 senior officers can solely be posted collectively in New Delhi however it can’t be carried out because the JAG division presently solely has 23 Colonels as in opposition to a certified energy of 40 and static headquarters (HQs), like New Delhi, are at decrease precedence than area formations when postings are being thought of.

It had stated that posting the couple at New Delhi “might be at the price of sustaining voids at formation HQs, which isn’t in organizational curiosity”.

In its reply, the Military, had additionally stated that because the couple’s marriage in 2008, they’ve been given three partner coordinated postings on their requests and “all out efforts had been made to submit each of them in the identical station”.

His petition had alleged that the choice to switch him and his spouse to far off places has been taken as he had filed a statutory grievance in opposition to the JAG, Indian Military in addition to Deputy JAG, Headquarters Southern Command, Pune. He had contended that the 2 senior officers allegedly influenced the stated posting orders.

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