T.A. No. 272/2010. Case: Brig. Devinder Singh Vs Union of India (UOI) and Ors.. Armed Forces Tribunal

Case Number:T.A. No. 272/2010
Party Name:Brig. Devinder Singh Vs Union of India (UOI) and Ors.
Counsel:For Appellant: K. Ramesh (Retd.), Adv. and For Respondents: Jyoti Singh and S. George, Advs.
Judges:A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member
Issue:Defence
Judgement Date:May 17, 2010
Court:Armed Forces Tribunal
 
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Order:

(Principal Bench, New Delhi)

  1. The present petition has been transferred from on'ble Delhi High Court to this Tribunal on its formation.

  2. Petitioner by this petition has prayed to direct the respondents to pass an order addressing with clarity the vital issues raised by him in statutory complaint dated 27.03.2002 at paragraphs 8 to 10 and 12 thereof. It is also prayed that part of order dated 18.05.2004 rejecting his statutory complaint may be uashed. It is also prayed that balance of confidential reports by the Reviewing Officer and the Senior Reviewing Officer for the periods 11/98 to 06/99, 07/99 to 06/2000 and 07/2000 to 10/2000 may be set aside. It is also prayed that by writ of mandamus, respondents may be directed to correct the official records pertaining to him, at paragraph 192 of HQ 15 Corps 'After Action Report on Op Vijay', paragraphs 37 and 38 of Army HQ Military Operations Directorate 'Op Vijay-Account of War in Kargil Volume III' and paragraph 4.9 of the Report of the Kargil Review Committee. It is also prayed that any other negative official reports or endorsements made as a result of the factually untrue and biased viewing of his battle performance and role during Kargil War and associated period as entered in his confidential dossier or in any other records/findings impacting on his military profile and reputation may be set aside. It is also prayed that order superseding him for promotion as Major General be set aside.

  3. Petitioner was granted commission in the regular Army on 20.12.1970 on successful completion of training at National Defence Academy and Indian Military Academy. He had a very good record and he was promoted to the post of Colonel and thereafter, to the post of Brigadier in May, 1998. He was further selected for General Cadre stream which is a distinction in itself. He assumed the command of 70 Infantry Brigade then deployed in Kashmir Valley in counter insurgency duties in operation Rakshak. He with his Brigade Headquarter was moved from Kashmir Valley to Ladakh Sector and came under Headquarter 3 Infantry Division. On 06.04.1999 a war game was held at HQ 15 Corps and he as an enemy commander forecasted the pattern of Kargil intrusion. His projections were summarily dismissed by respondents No. 3 and 4 for being unrealistic. However, his projections were proved right when the intrusion took place in a similar manner a month later. Petitioner's Brigade Headquarter moved to Drass and reached on 05.05.1999 and meanwhile, enemy intrusion was detected in the Batalik sector. The orders were changed and he was asked to immediately assume control of the intruded area in the Batalik sector. He moved out from Drass without having assumed any responsibility for the Line of Control in that...

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