Col, Lt Col face court martial over financial irregularities

Tribune News Service

Vijay Mohan

Chandigarh, December 27

A colonel and a lieutenant colonel from an engineer regiment are facing trial by a General Court Martial (GCM) for procedural lapses and financial irregularities in carrying out certain defence works that were sanctioned at military establishments in the aftermath of a terror attack on a CRPF convoy at Pulwama.

The GCM, convened by Jalandhar-based 11 Corps Headquarters, commenced at Gurdaspur on December 27, after the Chandigarh Bench of the Armed Forces Tribunal (AFT) dismissed their petition challenging the jurisdiction of the GCM.

According to sources, the said regiment had been tasked to execute six “special operational works” for strengthening defences and enhancing perimeter security around military complexes.

The colonel was then the commanding officer of the unit, which had recently moved to the Western Sector, while the lieutenant colonel was the second-in-command.

Following complaints, a court of inquiry (COI) was ordered to investigate the matter, which held them blameworthy for their acts of omission and commission and disciplinary action was ordered to be initiated against them by the General Officer Commanding, 11 Corps.

They were charged under provisions of Sections 52(f) and 63 of the Army Act for intent to defraud and acts prejudicial to good order and military discipline.

When the GCM was convened earlier this year, the two officers had raised a plea-in-bar on grounds of limitation, which was rejected by the court. Thereafter, they approached the AFT as well as the Punjab and Haryana High Court, seeking relief.

A COI was first convened in June 2019, but it could not assemble due to administrative reasons. Another COI was ordered in July 2019, the findings of which were submitted to 11 Corps in September 2019 and directions on its findings were issued in February 2020. The same, however, was set aside by the Delhi Bench of the AFT.

A third COI was ordered in January 2021, but it was cancelled due to administrative reasons and the fourth COI was convened a few days later, on which directions were issued in September 2021, leading to the present trial.

They had contended before the AFT that the period of three years limitation commenced from the date the competent authority acquired knowledge of the alleged offence, which in this case was September 2019, while the trial actually commenced much beyond the three-year period.

In its order a few days ago, the AFT’s Bench comprising Justice Sudhir Mittal and Air Marshal Manvendra Singh held that the COI proceedings held earlier were set aside, thus making any knowledge acquired on their basis redundant. The latest COI on which directions were issued in September 2021 has to be considered for determining the period of limitation, the Bench ruled.

Special operational works

• Their regiment had been tasked to execute six “special operational works” for strengthening defences and enhancing perimeter security around military complexes in the aftermath of a terror attack on a CRPF convoy at Pulwama
• The colonel was then the commanding officer of the unit, which had recently moved to the Western Sector, while the lieutenant colonel was the second-in-command

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