COURT NO. 1, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA 1110/2023 WITH (OA 61/2022 RB, KOLKATA) WITH MA 1720/2023 In the matter of: Col Gurpreet Singh ... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Shri Anil Srivastava, Advocate For Respondents: Shri Neeraj, Sr. CGSC CORAM : HON’BLE MR. JUSTICE RAJENDRA MENON, CHAIRPERSON HON’BLE LT. GEN.C.P.MOHANTY, MEMBER (A) ORDER The instant case has been transferred from AFT, Regional Bench, Kolkata, wherein it was filed on 08.07.2022 by the applicant, a serving Colonel in Army, being aggrieved by the award of Censure in the form of “Displeasure” and prays for quashing and set aside Government of India (MoD) letter dated 21.07.2020 rejecting his statutory complaint against an order dated 02.05.2018 issued by GOC 21 Corps, whereby the applicant was awarded censure in the form of ‘Displeasure’ and further considered the applicant by a Special Promotion Board without any reference of the orders dated 02.05.2016 and 29.08.2020 and restore him to his original seniority, if approve for promotion. OA 1110/2023 Col Gurpreet Singh Vs UoI & Ors.2 2. The case was heard by the AFT, RB, Kolkata, for staying the operation of the impugned order and by the order passed by the Hon’ble Regional Bench of this Tribunal dated 22.07.2022, the operation/ effect of the impugned orders dated 02.05.2018 and 21.07.2020 was stayed till the final decision of this OA without going on merits of the case till the decision of this OA or till the decision of the Competent Authority, whichever is earlier. On transfer, this case has now been received from the AFT, RB, Kolkata. Facts of the case 35 It is relevant to refer to facts of the case, before proceeding to adjudicate the issue under consideration. The applicant is a serving Colonel of the Indian Army. He was posted as Commanding Officer of 86 Armed Regt from 28.06.2012 to 30.06.2014. During this stint, an incident occurred outside the regiment, wherein some pilferage of fuel, oil and lubricant (FOL) took place, allegedly by subordinates L/Dfr Baloram Biswas and ALD Amalesh Sarkar away from the premises of the Unit lines. 4. Court of Inquiry, followed by DCM was convened by GOC 21 Armd Div, wherein the two accused L/Dfr Baloram Biswas and ALD Amalesh Sarkar were found guilty, accordingly awarded punishment by the competent authority. However, by virtue of being the Commanding Officer of the unit, the applicant was considered accountable by the competent authority for not OA 1110/2023 Col Gurpreet Singh Vs UoI & Ors.3 instituting adequate measures to supervise and control duties of his subordinates. 5. Subsequently, a show cause notice was served on him by GOC 21 Corps, vide letter dated 14.10.2017 to which he filed a detailed reply vide letter dated 05.12.2017. However, not satisfied by his reply, GOC 21 Corps awarded him a Censure in the form of ‘Displeasure’ vide his order dated 02.05.2018. The applicant, thereafter, submitted a statutory complaint to the Competent Authority against the order dated 02.05.2018 which was rejected by MoD vide their order dated 21.07.2020. Aggrieved by the aforesaid rejection, the applicant has approached this Tribunal. Submissions on behalf of the Applicant 6. It is the case of the applicant that the applicant was not at all directly involved in the commission of the offence committed on 29.03.2014, and that the punishment has been awarded merely placing moral responsibility on the applicant due to the offence having been committed by the soldiers under command of the applicant. 7. Drawing our attention to the Court of Inquiry, Ld. Counsel for the applicant submits that a Staff Court of Inquiry was ordered on 31.03.2014 by HQ 34 Armd Bde vide Convening Order No. 429/1/A dated 31.03.2014 with directions that the Rule 180 will be complied, but then Commander 34 Armd Bde cancelled the aforesaid OA 1110/2023 Col Gurpreet Singh Vs UoI & Ors.convening order and ordered a fresh C