The Delhi High Court on Tuesday ruled in anticipation of the army’s decision to post two of its senior officers, a married couple, in different parts of the country.
The decision by a bench of Judges Rajiv Sahai Endlaw and Asha Menon came in a prayer touched by the man – Colonel Amit Kumar – challenging the May 15 post order issued by the Military Secretary Branch, his lawyer said.
Senior attorney Rana Mukherjee and attorney Sunil J Mathews appeared for Col Kumar. Mathews said the court has asked the military to consider the prayer as a representation and make a decision on the couple’s petition for a post in the same place or in a geographically close location. The high court also asked the military to inform it about the decision on representation after four weeks when the case will be taken, he said.
He also said that by the next date the bench placed pending May 15 orders by posting Col Kumar and his wife Col Anu Dogra, both of whom are in the Army Branch of the Attorney General (JAG) and currently posted on Jodhpur, to Port Blair in Andaman and Nicobar Islands and Bhatinda to Punjab, respectively. Permanent central government adviser Harish Vaidyanathan said he opposed the prayer received from Col Kumar.
Col Kumar, in his plea filed through attorneys Ashim Dua and Tasmin Singh, said he had asked the Army in August to review his move date and also 30 days leave to attend the “pipeline ceremony”. his wife, “and secured the relocation of his family, which included his elderly parents and his minor son, to Bhatinda.
However, his requests were rejected, the petition said, adding that the decision to transfer them regardless of their preferences was contrary to the established policy and standard operating procedure regarding the posting of senior officials. His petition has claimed that the decision to transfer him and his wife to remote locations was taken after he had filed a legal complaint against JAG, the Indian Army as well as Deputy JAG, South Staff Command, Pune.
He has claimed that the two senior officers allegedly influenced the aforementioned posting orders. Col Kumar, in his petition, has said that since his applications were rejected, he had been forced to submit his papers for early voluntary retirement “despite impeccable and stellar service”.
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