Decision to initiate Court Martial against a Colonel of the Indian Army set aside by Armed Forces Tribunal

In a decision that has triggered quite a debate in military circles, the Armed Forces Tribunal (AFT) has quashed the decision of military authorities to initiate disciplinary action by way of a Court Martial against a serving Colonel for tampering with gradings of professional courses in his record of service.

The officer, of the rank of full Colonel, was issued a Show Cause Notice for administrative action for his infraction wherein he admitted his fault and stated that he did so to influence his seniors for getting better appraisal reports. Later the concerned military commander decided to initiate disciplinary proceedings instead of administrative proceedings, an action that was challenged by the officer before the AFT.

The tribunal, holding that the offence did not fall in the category of ‘moral turpitude’ so as to allow the holding of a Court Martial, set aside the decision for holding disciplinary proceedings and restored the process of administrative action.

A detailed report in The Indian Express can be accessed here.