The Delhi High Court has criticised the army for defying the president’s order on transferring an officer, saying that it had “not advanced the interests of discipline” in the armed forces by doing so.
The army had failed to obey the president’s order sanctioning the permanent transfer of a lieutenant colonel on medical grounds.
“It is indeed extraordinary that the army and its JAG (Judge Advocate General) department have flagrantly failed to honour the decision of the commander-in-chief of Indian Army, who is the president of our republic,” observed the bench of Justices Vikramjit Sen and S L Bhayana.
The court also slapped costs of Rs 10,000 on the army.
“Once the interests of the president are ignored, this indiscipline would inexorably percolate to lesser commands,” the bench said while allowing a petition filed by Lt Col Mukul Dev seeking his permanent transfer to the JAG department from the artillery.
“In case they were dissatisfied with the decision of the President, they ought to have taken necessary steps to reverse the decision,” the bench remarked.