SC seeks response from Centre, Army on Lt Gen's plea

The Supreme Court has sought responses of the Defence Ministry and Army Chief on a Lt General's plea alleging that proper procedure was not followed in the appointment of Eastern and Western Commanders.

A bench of justices T S Thakur and Vikramjit Sen issued notices to the Ministry of Defence (MoD) and Army Chief of Gen Bikram Singh seeking their responses to allegations levied by Lt Gen Ravi Dastane.

Appearing for Dastane, senior advocate R K Anand questioned the policies and procedures followed in selection process of Army Commanders.

"The principle followed by the respondents (MoD and COAS) was that of 'seniority cum fitness' as against that of 'merit cum suitability with due regard to seniority' which had been directed by the apex court".

The bench also requested Attorney General G E Vahanvati to assist the court during the hearing on the petition, which has challenged an order of the Armed Forces Tribunal (AFT) dismissing Dastane's similar plea.

The senior army officer has alleged in his petition that the Appointments Committee of Cabinet (ACC) "has been reduced to a mere rubber stamp", by forwarding only one name per post of an Army Commander to the ACC for their approval.

"This proposal forwarding only one officer for the post was also not accompanied by the entire 'selection material' considered in respect of officers in the zone of consideration thereby denying the ACC the ability to be able to carry out its first prime function of taking a decision with respect to appointments of Army Commanders, a function the ACC could only fulfil if it was given a choice to select the best profile among the two eligible officers placed before it," his plea said.

Dastane has challenged the appointment of two of his senior officers, Lt Gen Dalbir Singh and Lt Gen Sanjiv Chachra to the post of Army Commander of Eastern and Western Commands respectively, saying only one name per post was sent to the ACC based on the principle of seniority whereas "it was incumbent upon the respondents to consider the four senior officers who were eligible for the two vacancies".

Dastane has claimed to be the third seniormost officer eligible for the post of Army Commander of Eastern or Western Command.