Army chief's action unjustified: Lt Gen Prakash

Gen Deepak Kapoor had not applied his mind before changing his decision, he says

PTI | February 25, 2010

Lt Gen Avadesh Prakash, who faces charges in the Sukna land scam, has said that Army Chief General Deepak Kapoor had not applied his mind before changing his decision to initiate court martial proceedings against him.

He also said the fresh court of inquiry ordered by the Armed Forces Tribunal would help bring out new facts and clear his role in the entire case.

"That is right," Prakash told Karan Thapar on CNN-IBN's Devil's Advocate programme in which he was asked whether Gen Kapoor had not applied his mind while initiating disciplinary action (court martial) in the case against him after initially ordering administrative action.

Prakash said the disciplinary action, initiated after Defence Minister A K Antony advised the Army Chief to change his decision against him, was in violation of an Adjutant General Branch's earlier directive that once an action has been set in motion, it can't be changed.

"It (AG's letter) says once the competent authority after having applied his mind to full facts of the case decides to initiate administrative action and such action has commenced, at this stage to revert to disciplinary action is not only unjustified but also legally unsustainable," Prakash said.

However, the AFT had in its ruling on February 22 rejected Prakash's contention in this regard saying the policy was only a general guidance and "not binding in nature.

Prakash said the COI report from Kolkata-based Eastern Command was received by the Army Chief on December 22-23 (2009) and the latter took three weeks to issue him a show cause notice on January 15 (2010).

"I gave my reply on January 22. On January 29, I was given a letter, which says that administrative action is cancelled and disciplinary action is to be constituted against me," he said.

Prakash said the Army Chief took only three days since his reply to the notice before changing administrative action to disciplinary action.

Also, the letter to initiate disciplinary action against him didn't mention his reply to the showcause notice, clearly indicating there was no application of mind to change the earlier decision, he added.

However, Prakash refused to comment when asked if the Army Chief had not told the "full truth" couple of weeks ago when he said that he had considered the former Military Secretary's reply before ordering disciplinary action.

Asked why did he not complain against the Army Chief's decision right after receiving the letter on January 29, he said, "I had no time to complain against the action as it was the day of 'Beating the Retreat' when all offices in North and South Blocks close down by 1300 hours and I was also being given farewell when I received this shocking letter."

The retired official said with the AFT giving him an opportunity to cross-examine witnesses in the fresh COI, it will help "put things in the correct perspective" and bring more issues to light.



Other News

“Script is the real hero”

Basking in the success of the new web series, ‘Scam 1992: The Harshad  Mehta Story ’,on SonyLIV, the OTT platform from Sony stable where the lead actors are new faces, NP Singh, MD and CEO of Sony Pictures Networks, has said that the script is the new hero. He credited the s

India’s active cases below 10% of total cases for three days

India’s trend of steadily decreasing active cases continues unabated. The number of Active Cases has remained below 10% of the total cases for the last three days, suggesting only one in 10 cases is active Covid-19 patient. The active cases comprise merely 9.29% of the total positive c

Cabinet clears bonus for non-gazetted employees

The union cabinet chaired by prime minister Narendra Modi on Wednesday gave its approval to pay productivity linked bonus (PLB) for 2019-20 to 16.97 lakh non-gazetted employees of commercial establishments like Railways, Posts, Defence, EPFO, and ESIC, with a financial implication of Rs.2,791 crore.

Covid-19: Daily new cases fall below 50K

India has leaped across several significant milestones in its fight against Covid-19. The new confirmed cases in the 24 hours to Tuesday morning have fallen below 50,000 (46,790, to be precise) for the first time in nearly three months. The last time the number of new cases was close to this level was on J

Media taking advantage of a divided Bollywood: Shatrughan Sinha

Legendary film star and politician Shatrughan Sinha has said that friendship in Bollywood is limited to onscreen, and there is no unity and some news channels are taking advantage of this situation. “Groups within the industry or their supporters may sometimes come together for some c

‘2.40 lakh TB cases went unreported in India in 2019’

In India, only 2.40 million out of an estimated 2.64 million cases of tuberculosis were reported to the government, that is, 2,40,000 TB patients went unreported, in 2019, according to the WHO Global Tuberculosis Report 2020. The reporting of TB cases, however, has significantly increased ov


Current Issue


Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter