The Supreme Court on Wednesday asked the Government on why it allowed the Army to deviate from the Command Exit Model while filling up vacancies of 750 Colonels in 2004. The court raised question on how the 750 posts were filled on pro rata basis when the Command Exit model required the Army Headquarters to give weightage to Artillery and Infantry divisions with a view to have a younger profile of Colonels.
The Bench of Justices TS Thakur and R Banumathi, which is hearing the challenge by Army officers from units other than Artillery and Infantry who would stand to lose under the Command Exit model, had earlier asked the Government whether it had adopted the Model and if so, the decisions by the Army that followed were in line with it. Currently, the Model has been put on hold by the Armed Forces Tribunal, against which the Centre is in Supreme Court.
The Centre filed an affidavit informing the Bench that the Model was adopted on February 4, 2003 based on recommendation of former Defence Secretary Ajai Vikram Singh Committee (AVSC). The affidavit also disclosed that on December 21, 2004 the Army Headquarters filled 750 vacancies of Colonel in violation of the Model. To its surprise, the affidavit further stated that in 2008, another set of 734 vacancies of Colonels was filled up in line with the Command Exit model.
“Whether the government took any exception to itIJ How could the Chief of Army Staff defy the government order,” asked the bench of Justices TS Thakur and R Banumathi. The Court even could not find any evidence to show that the AVSC report had been accepted. “Where is the government orderIJ Where is the acceptance of the governmentIJ Show us the letter of acceptance of the Prime Minister or ‘Raksha Mantri’,” added the bench.
Additional Solicitor General Maninder Singh who appeared for Defence Ministry produced records to suggest that the ‘command exit’ promotion policy was approved by the Ministry. The affidavit of Centre indicated that by a notification of August 3, 2001, Government delegated filling up vacancies upto Brigadier rank to Army Headquarter. For this reason it did not act against the then Army Chief.
