Upset over non-implementation of the Armed Forces Tribunal (AFT) order directing the reinstatement of a woman Lieutenant Colonel of the Indian Army, the Chairman of the Principal Bench of the Tribunal in New Delhi summoned Defense Secretary Giridhar Aramane on May 8. Have done.
The Principal Bench of the Tribunal had ordered the reinstatement of Lieutenant Colonel Nandita Satpathy in the service in April 2023. The Ministry of Defense had appealed against this order in the Supreme Court through a special leave petition but the Supreme Court rejected it in September 2023. Despite this, the ministry failed to implement the tribunal’s order.
When the case came up for hearing before the bench of Tribunal Chairman Justice Rajendra Menon and Lieutenant General CP Mohanty (retired), they issued an order for the Defense Secretary to appear before the tribunal pending any legal action.
Not only this, expressing its displeasure, the bench said on Thursday that more than 1,800 cases are pending before the tribunal in which its orders are not being followed for months and years.
The bench said, “This case exposes the pathetic and poor manner of the respondent in dealing with the implementation of the orders passed by this Tribunal.”
In fact, when the tribunal order was not implemented within the stipulated time, Lieutenant Colonel Nandita Satpathy filed the execution application after four months, on August 25, 2023.
The tribunal said, “When the matter came up on September 6, 2023, we were informed that an SLP has been filed before the Honorable Supreme Court on September 1, 2023 and this Court held that mere filing of SLP will quash the execution proceedings. and unless appropriate orders are issued by the Hon’ble Supreme Court including staying the order passed by this Tribunal. Till then the respondents are required to implement the order of this Tribunal within the stipulated time. Despite this, we gave the defendants time to implement the order. Ultimately, when the matter was taken up on September 29, 2023, we were informed that the matter has come before the Honorable Supreme Court and the SLP filed on behalf of the Union of India on September 22, 2023 has been dismissed,” the bench noted.
The Principal Bench said that the case has been postponed on some pretext or the other. It said that the affidavit filed by the ministry indicated that it was trying to ensure that the tribunal’s order was not implemented.
Contempt of court:
Marking the “little respect for the orders of the court”, the bench said it was nothing short of gross contempt of court, for which the tribunal had, within the powers vested in sections 19, 25 and 29 of the Armed Forces Tribunal Act, tried to punish the defaulters. A larger bench has already been constituted to take action against.
