ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

1.

TA 02/2024 (AFT PB AT 84/2024 in OA 108/2024)

IC-61607 Lt Col Bharat Singh, SM, S/o Hanuman Singh, Presently posted at 518 ASC Bn, PIN-908518, C/o 56 APO (presently posted at New Delhi) …. Applicant Versus

1. Union of India through Secretary, Ministry of Defence, DHQ PO, New Delhi – 110011

2. The Chief of the Army Staff, IHQ of MoD (Army), DHQ PO, New Delhi – 110011

3. GOC, 15 Corps, C/o 56 APO

4. The Military Secretary, IHQ of MoD (Army), …. Respondents DHQ PO, New Delhi – 110011 For Applicant : Applicant-in-Person For Respondents : Mr Pyare Lal, Advocate CORAM HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR SANJIV MITTAL, MEMBER (A)

O R D E R

30.05.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, this petition was filed by the Applicant before Armed Forces Tribunal, Principal Bench, New Delhi as OA No 108/2024 which was transferred to this Tribunal vide Order dated 14.11.2024 in AT No 84/2024 and registered as Transfer Application (TA) No 02/2024. By way of this petition, the Applicant has prayed to quash the award of “Severe Displeasure” to the Applicant and issue such other order/direction, as may be deemed appropriate, in the facts and circumstances of the case.

2. The brief facts of the case are that the Applicant was commissioned in the Army (Army Service Corps) on 08.12.2001. He is a gallantry awardee (Sena Medal), represented country in sports, performed well in professional courses and have tenanted four instructional appointments and has clean record and good military reputation. He commanded independent supply unit at Hashimara and again was given the independent Command of 809 Animal Transport (AT) Company (MA Mules). He took over the command of 809 AT Company (MA Mules) on 12.04.2019, which is located in Pattan (J&K). In August 2020, the unit was deployed at seven different detachments, three permanent detachments in “Pattan” approximately 40 km North of Srinagar (J&K) and four detachments, occupied only in summers, were located in forward areas near “Line of Control” more than 100 kms ahead of the Company HQ in Pattan, employed for load lifting duties for stocking Ration and other stores in forward posts which are not connected with motorable tracks. Three detachments at “Pattan”, ie., 5 Camp, 9 Camp and Pattan Convoy Ground were located approximately two to three km apart from each other. Nb Sub/SKT KR Reddy, was the senior JCO in Pattan and was performing the duties of Unit Quartermaster (QM), being from Store Keeper Technical (SKT) trade. Nb Sub/SKT KR Reddy was based at 5 Camp detachment and on 24.08.2020, he arranged 24 barrels (4800 litres) of Kerosene oil from still undisclosed source and at around 1830 hours brought the arranged Kerosene oil in Defence Vehicle (ALS) to 9 Camp detachment. At around 2030 hours, he called a Civil Truck to 9 Camp detachment, transferred 24 barrels filled with Kerosene oil from the Defence Vehicle to the Civil Truck with the help of five civilians, who came in the Civil Truck. The Civil Truck had 11 empty barrels in it, which were transferred back to the subject Defence Vehicle (ALS). At around 2115 hours on the same day, while the Civil Truck was moving out of 9 Camp detachment, it was caught by a team of 19 Infantry Division Provost Unit, which the Applicant came to know at around 2210 hours through Maj Gen (now Lt Gen) ADS Aujla, GOC 28 Infantry Division (Inf Div) through telephone. A Court of Inquiry (C of I) was convened on the Orders of GOC 28 Inf Div vide Order 26.08.2020 to investigate into the circumstances under which a load carrying vehicle Registration No JK-09-2021, carrying Kerosene Oil from 809 AT Company location (Pattan) was apprehended near main gate of 809 AT Company (MA Mules) at approximately 2135 hours on 24.08.2020 for allegedly selling the same. The C of I was finalized by the directions of Maj Gen (Now Lt Gen) ADS Aujla, YSM, SM, VSM, the then GOC 28 Inf Div dt

22.09.2020 wherein discip