Home » Should not intrude in postings significantly in Armed forces, says SC | India News

Should not intrude in postings significantly in Armed forces, says SC | India News

by newsking24

NEW DELHI: The Supreme Court Monday mentioned it shouldn’t intrude in postings, significantly within the Armed forces, as any individual has to go and serve in locations like Ladakh, sure areas of north-east and the Andaman and Nicobar Islands.
The apex courtroom acknowledged this whereas listening to an enchantment filed by an Army Colonel in opposition to the Delhi High Court order which had requested him and his spouse, who can also be a Colonel within the Army, to maneuver to their newly assigned posts inside 15 days.
The petitioner, who’s an officer within the Judge Advocate General (JAG) division, had moved the excessive courtroom difficult the May 15 posting order and alleged that the choice to switch him and his spouse to far off places has been taken as he had filed a statutory criticism in opposition to the JAG and others.
He had challenged his posting to Andaman and Nicobar Islands from Jodhpur in Rajasthan and contended that his spouse was being posted to Bathinda in Punjab.
During the listening to within the apex courtroom on Monday, the counsel showing for the petitioner instructed a bench headed by Justice D Y Chandrachud that distance between Bhatinda to Andaman and Nicobar Islands is over 3,500 km.
Senior advocate Ranjit Kumar, showing for the petitioner, mentioned that each the officers have a four-and-half-year-old youngster they usually have taken cost at their respective locations.
Kumar instructed the bench that the petitioner has to use for voluntary retirement due to this switch.
“If the Armed forces say they are opposed to joint posting in Delhi, it may be harsh but somebody has to go to Andaman and Nicobar also,” mentioned the bench, additionally comprising Justices Indu Malhotra and Indira Banerjee.
“In matters of posting of Army officers, we should not interfere. In places like Ladakh, North-East and Andaman, somebody has to go,” the bench noticed, including, “In postings, particularly in Armed forces, we should not interfere”.
“These are very hard cases. It is very difficult for us to say that reconsider this,” the bench mentioned.
After the highest courtroom noticed that it’s not inclined to intrude, Kumar mentioned he would withdraw the plea.
“Ranjit Kumar, senior counsel appearing on behalf of the petitioner, seeks the permission of the court to withdraw the Special Leave Petition so as to enable the petitioner to pursue independent proceedings in regard to his request for withdrawing the application for voluntary retirement,” the bench famous in its order.
“In terms of the above request, the Special Leave Petition is dismissed as withdrawn leaving it open to the petitioner to pursue available remedies,” it mentioned.
The excessive courtroom, whereas coping with the petition, had mentioned that the Army has given causes in its order rejecting the officer’s request/illustration for a partner coordinated posting and no floor of mala fide or violation of any rule has been made out for the courtroom to intrude within the matter.
The Army had knowledgeable the excessive courtroom that the 2 senior officers can solely be posted collectively in New Delhi, but it surely can’t be executed because the JAG division has 23 Colonels solely as in opposition to the licensed energy of 40 and static headquarters (HQs) like New Delhi are at decrease precedence than discipline formations when postings are being thought of.
It had mentioned that posting the couple at New Delhi “will be at the cost of maintaining voids at formation HQs, which is not in organizational interest”.
In its reply earlier than the excessive courtroom, the Army had additionally mentioned that for the reason that couple’s marriage in 2008, they’ve been given three partner coordinated postings on their requests and “all out efforts were made to post both of them in the same station”.

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