Sukna scam:SC sets aside sacking order against ex-military Secy, says GCM proceedings vitiated

In a major relief to former military secretary Avadhesh Prakash, the Supreme Court has set aside the General Court Martial (GCM) order dismissing him from service for alleged involvement in the 2008 Sukna land scam in West Bengal, terming its proceedings as "vitiated".

The top court held that the GCM was not "validly constituted" in Prakash's case as it consisted of members below his rank of Lieutenant General, and refused to remit back the case to the authorities for fresh GCM which is done in "normal course".

A bench of justices A K Sikri, S Abdul Nazeer and M R Shah also set aside the December 2017 order of Armed Forces Tribunal (AFT) holding him guilty of charge of "unbecoming conduct" with a punishment that he need not be given arrears of pension from the date of dismissal of service till the date of passing of order.

The court noted that Prakash has already retired from service and only one charge was established against him which was also not of very serious nature, as it quashed the GCM and AFT orders and directed payment of all benefits including pensions within three months to him.

"It is a travesty of justice that a person holding the rank of Lieutenant General is tried by the GCM which consisted of members below his rank," the bench said Monday,