Petition to Conduct CBI Enquiry into Murder of Dr J A Mathan

Tuesday, 13 January 2009

Indian Army Courtmartial and Dishonourable discharge: Current List of Officers under a cloud



Picture: Retd Lt General S K Sahni
Major Chandrasekhar Pant is likely to be Court-martialled by Army Court for Bigamy and Conversion to another religion without permission.

This brings us to the next question. How many senior officers are being court-martialled and dishonourably discharged for crimes including Corruption, and graft. The list is below, provided by the Minister AK Antony.
The seniormost officer being courtmartialled is a Lieutenant General. He is trying to squeeze out of the mess by using his status as a "retired" army officer.

Senior Indian Army Officer
 to Face Court Martial

22 November 2008

NEW DELHI - A lieutenant general will face a court martial on November 26 for alleged irregularities in procuring ration for the troops in 2005, a senior official said here on Friday. Lieutenant general is the second highest rank in the Indian Army, and this is the first time that such a senior officer is facing a court martial.
A court of inquiry constituted in 2005 against Lt Gen S.K. Sahni, the then director general of Army Service Corps and Transport, has found enough evidence against him to prosecute him for alleged irregularities in the procurement of frozen meat for troops based in the northern sector.
“A court of inquiry in Jalandhar has found that there is enough evidence of omission and commission by the lieutenant general in the operation of the contract for the dry ration for the troops,” the senior army official told IANS on condition of anonymity. A year after an inquiry was constituted, he retired from the army. — IANS
He then approached a civilian court against the court of inquiry. The court stayed the proceedings and sought all the evidences against Sahni following which it gave a go-ahead to the inquiry proceedings.
The court of inquiry has ordered the court martial of the lieutenant general, the second highest rank in the Indian Army’s hierarchy, preceded only by the army chief.
“The officer will be court martialled Nov 26,” the official said.
Delhi HC stays Lt Gen Sahni's court martial
Nov 23, 2008
In the first of its kind case, the Army on Friday decided to initiate court martial proceedings against a retired Lieutenant General on corruption charges but he got temporary reprieve with the Delhi High Court staying such action.
Lt Gen (retd) S K Sahni and six serving officers including a Major General and two Brigadiers were indicted by a court of inquiry on charges of procuring poor quality pulses for soldiers fighting insurgency in Jammu and Kashmir four years ago.

Following the Army decision to proceed against him, Sahni moved the High Court which granted him interim stay.

A Bench headed by Justice A K Sikri passed the interim orders hours after the Army said it would court martial Sahni on November 26.

"We direct that there shall be no court martial proceedings convened," Justice A K Sikri said in his orders, giving relief to the retired officer, who went to the High Court today after the Army Western Command General Officer Commanding-in-Chief issued summons to him.

Sahni, who served as the Director General (Supplies and Transport) in Army headquarters and retired from that post in 2006, will be the seniormost army officer, serving or retired, to face such disciplinary proceedings under the Army Act.

The Army invoked laws that provided for action against erring officers after retirement. Sahni and the six officers moved the Delhi High Court against the 2007 findings of the Court of Inquiry which held them guilty.
Lok Shabha

Indian Armed Forces are governed by their respective Acts namely Army Act, Navy Act and Air Force Act. Appropriate provisions exist in these Acts for taking action against force personnel indulging in corrupt practices. Further, there is a well defined Procurement Procedure with built - in checks and balances. For ensuring high levels of transparency in defence deals / purchases, Government have issued orders, in consultation with the Central Vigilance Commission (CVC) for mandatory and time-bound scrutiny of all major procurement / purchase decisions, (worth Rs 75 crores and above), by the Comptroller and Auditor General (C&AG) and, where necessary, by CVC. Wherever Government has apprehensions about a particular case, it is promptly referred to the Central Bureau of Investigation (CBI).

The list of senior officers in defence forces facing charges of corruption and details of such cases, is given below.

Sl No.

Name

Irregularities

Punishment

1.

Lt Gen (Retd) SK Sahni

Irregularities in procurement of dry rations

Disciplinary proceedings against the officer were commenced. The General Officer had filed a Writ Petition (WP) in Delhi High Court against the Court of Inquiry and the disciplinary action. The WP has been disposed with the direction to take disciplinary action as per due process of law.

2.

Maj Gen BPS Mander

Case linked with Serial 1 above.

3.

Brig SK Handa

Case linked with Serial 1 above.

4.

Brig PS Gill

Case linked with Serial 1 above.

5.

Maj Gen (Retd) KTG Nambiar

Financial and other irregularities

Awarded loss of three years of past service for pension and to be severely reprimanded.

6.

Maj Gen Rana Goswami

Financial and other irregularities

Awarded Severe Displeasure (Recordable) by the General Officer Commanding in Chief (GOC-in-C), Central Command.

7.

Shri GI Singh Multani (formerly Maj Gen)

Financial and other irregularities

Cashiered and to suffer rigorous imprisonment for one year.

8.

Brig DS Grewal

Case linked with Serial 7 above.

9.

Brig G Illangovan

Case linked with Serial 7 above.

10.

Brig Rajiv Divekar

Case linked with Serial 7 above.

11.

Brig RS Rana

Case linked with Serial 7 above.

12.

Shri PSK Choudhary (formerly Maj Gen)

Illegal gratification (Tehelka Episode)

Cashiered and to suffer rigorous imprisonment for one year.

13.

Shri Iqbal Singh (formerly Brig)

Illegal gratification (Tehelka Episode)

Cashiered and to suffer rigorous imprisonment for two years.

14.

Maj Gen (Retd) LK Chopra

Irregularities in purchase of IT equipment.

Hon'ble High Court of Delhi has granted stay on proceedings on a Writ Petition filed by the retired General Officer.

15.

Brig (Retd) VK Anand

Misuse of Army personnel for private use and obtaining favours from subordinate officers

Hon'ble High Court of Delhi has granted stay on proceedings on a Writ Petition filed by the retired Officer

16.

Lt Gen SK Dahiya

Irregularities in operation of Meat Frozen Contract

The General Officer Commanding in Chief (GOC-in-C), Northern Command has awarded recordable Censure to the Gen Officer.

17.

Shri RP Singh (formerly Brig)

Financial irregularities in the canteen fund account and illegal sale of liquor in civil

The officer has been sentenced to nine months rigorous imprisonment and to be cashiered.


18.

Cdr (SD ME) CS Singh

Has been charged for abusing his position as a Public Servant, for commanding the making of false challans and for conduct unbecoming the character of an officer

The Officer has been sentenced to (a) undergo rigorous imprisonment of 06 calendar months, to be dismissed from naval service, (b) forfeit 24 calendar months seniority in the rank of commander, (c) pay fine of Rs. 62,500/- and (d) suffer consequential penalties.

19.

Cmde NMM Pandit

The Officer has been charged for falsifying official documents, false declarations, knowingly making fraudulent statements, abusing his position as a Public Servant, possessing pecuniary resources disproportionate to his known sources of income and for conduct unbecoming the character of an officer.

The Officer has been sentenced to (a) undergo rigorous imprisonment of 18 calendar months, (b) dismissal from naval service, (c) forfeit 36 calendar months seniority in substantive rank of Capt., (d) pay fine of Rs. 3 lakhs and (e) suffer consequential penalties involved.

20.

Lt Cdr (SDAE) MP Verma

The officer has been charged for conduct unbecoming the character of an officer, abusing his position as a Public Servant and for possessing pecuniary resources disproportionate to his known sources of income.

The officer has been sentenced to (a) undergo simple imprisonment of 12 calendar months, (b) dismissal from naval service, (c) pay fine of Rs. 6,91,700/- and (d) suffer consequential penalties (Execution of sentence stayed by High Court of Delhi)

21.

Cdr AG Gandhi (50702-F)

The officer has been charged for conduct unbecoming the character of an officer and for knowingly making a fraudulent statement.

The officer has been sentenced to (a) be dismissed from Naval service, (b) forfeit 12 calendar months seniority in substantive rank of Commander, (c) pay a fine of Rs. 7870/- only and (d) suffer consequential penalties involved.

22.

Capt IS Sandhu

The officer has been charged for conduct unbecoming the character of an officer, the demand favour in monetary terms from vendors with whom he had official dealings in his office.

The officer has been sentenced to (a) Forfeiture of six calendar months seniority in substantive rank of Captain, (b) to be severely reprimanded and other consequential penalties.

23.

Cdr Ajay Gupta (40457-Y)

Four charges U/S 54 (2) of the Navy Act, 1957 for conduct unbecoming the character of an officer.

To be dismissed from naval service and suffer consequential penalties.

24.

Capt (TS) Devta Kumar Mishra

Charges for falsifying official documents and false declaration

To forfeit four calendar months seniority in rank.

25.

Gp Capt Shamsher Singh

Exacting a sum of Rs. 1,45,000/- from a civilian Govt. servant for procuring the selection of his son as a civilian cook at AFS, Singharsi

The General Court Martial (GCM) proceedings were concluded on 06 Nov 2006 and he was found guilty and awarded the following punishments :-

(a) Forfeiture of seven years of service for promotion

(b) Forfeiture of five years of service for increased pay.

(c) Severe reprimand.

This information was given by the Defence Minister Shri AK Antony in a written reply to Shri Abdul Rashid Shaheen in Lok Sabha today.

4 comments:

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