Muristek
Promote Brigadier to Major General, the highest rank in JAG Department, by May 31: Armed Forces Tribunal
Vijay Mohan
Chandigarh, May 27
The Armed Forces Tribunal on Friday directed the Ministry of Defence (MoD) and Army Headquarters to promote a Brigadier from the Judge Advocate General's (JAG) Department to the rank of Major General, the highest rank authorised in the department, by May 31.
The Tribunal's order comes in the wake of a Supreme Court judgment on May 17, which had upheld the Tribunal's earlier order in the case. The Tribunal had directed the Army to promote Brig Javed Iqbal after holding that his medical category, which restricted employability at high altitude, would not interfere with his role as the head of the JAG Depart5ment headquartered in New Delhi.
The officer had submitted before the Tribunal that implementation of the order was being delayed by the authorities on one or the other reason. The Army had averred that government sanction for promotion had been accorded on May 20, but the applicant could not be promoted due to his file not being received from the competent authority at the Army Headquarters and the MoD.
"Considering the fact and circumstances of the case, we direct the respondents to implement the order by May 31, 2022, and file compliance on June 2, 2022, at Circuit Bench, Nanital, failing which the Military Secretary, Integrated Headquarters of Ministry of Defence (Army), New Delhi, shall remain present to explain the reasons of non-compliance," the Tribunal's bench comprising Justice Umosh Chandra Srivastava and Vice Admiral AR Karve ruled.
Brig Javed Iqbal, a 1989-batch officer, had been placed in low medical category for hypertension in August 2018. In October 2020, he was considered by No. 1 Selection Board for promotion to Major General and the board's recommendation to promote him was approved by the Government of India in May 2021.
A re-categorisation medical board was held in February 2021, where his blood pressure was within permissible parameters, but his low medical category was retained and not upgraded. A re-medical board held in September 2021 on orders of the Army Chief, upgraded his medical category, which was approved by the competent authority. However, the Director General Medical Services (Army) did not accept the upgrade citing various reasons, including the contention that he had not stated correct facts regarding his medication.
The Tribunal had then observed that from the facts of the case, it was crystal clear that the officer's selection for promotion by the board had been made knowing fully well his medical status. It was also clear that the selection was not subject to meeting medical criteria and was without any riders.
Stating that once the promotion of an officer has been approved by the competent authority, subordinate establishments are not supposed to interfere with the process by introducing suo moto riders and are only supposed to give effect to the approval.
Subsequently, the Supreme Court found the Military Secretary's objection to the Brigadier's promotion as incorrect, unjustified and beyond his official role. The Apex Court had observed that during the selection and approval process, the higher authorities has taken the medical categorisation into account and applied their minds objectively and had taken a conscious decision to promote him.