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BRIG PROMOTION CASE Rs 50 lakh fine on Centre, Army Chief

Tribune News Service

Lucknow, May 14

Taking a serious view of concealment of facts in a case of promotion of a Brigadier, the Regional Bench of the Armed Forces Tribunal has imposed a fine of Rs 50 lakh on the Central government, Chief of Army Staff and the military secretary.The order was passed by a Division Bench of Justice Devi Prasad Singh (judicial member) and Air Marshal Anil Chopra (administrative member) yesterday.A fine of Rs 5 lakh has also been imposed on the original applicant, NK Mehta, for concealment of facts. It has asked the respondents and the applicant to deposit the amount to the Tribunal within two months, which shall be remitted to the Army Centre Welfare Fund.The order adds that after due inquiry, fine should be recovered from the salary or pension of the people who are held accountable for the entire episode.Brig Mehta had filed an application challenging the result of the selection process for the rank of Major General held on October 13-14, 2011, which had recommended the name of Major General RS Rathore.The result was then declassified and declared on June 20, 2012, which was challenged by the applicant.The Tribunal’s order observed that the applicant was not entitled to any relief as he had concealed facts in connivance with the respondents, owing to which the probity of system and standard of selection process could not be maintained.

Applicant, too, fined for concealing facts

  • Regional Bench of the Armed Forces Tribunal also imposed a fine of Rs 5 lakh on the original applicant,Brig NK Mehta, for concealment of facts
  • Brig Mehta had challenged the result of the selection process for Major General held in 2011, in which the name of Major General RS Rathore was recommended
  • The Tribunal’s order observed that the applicant was not entitled to any relief as he had concealed facts in connivance with the respondent

Unexploded WW-II shell sparks evacuation

London: Hundreds of people have been told to leave homes and businesses in the English city of Bath after a 225-kg unexploded World War II shell was found under a school playground. Police evacuated residents for 300 metres around the device, found during construction work at the disused Royal High School. Britain was heavily bombed by Germany’s Luftwaffe during the war, and undetonated explosives are sometimes found during construction work. AP


F-16 FIGHTER JET SALE Pakistan’s relations with US under stress: Sartaj Aziz

Pakistan’s relations with US under stress: Sartaj Aziz
A file photo of Sartaj Aziz, Pakistan Prime Minister””s Adviser on National Security and Foreign Affairs. — AFP

Islamabad, May 13

Pakistan Prime Minister’s Foreign Affairs Adviser Sartaj Aziz has conceded that relations with the US have been under stress for the past three months because of conditions Washington had attached to the funding of F-16 fighter jets’ sale.The confession was made by the adviser on Thursday while concluding a debate in the Senate on an adjournment motion on the US decision to withdraw proposed subsidy on the sale of F-16 fighter jets to Pakistan, Dawn online has reported.The adviser said that Pakistan-US relations had come to a standstill in 2011 because of unfortunate incidents, including WikiLeaks and the Abbottabad operation where former Al Qaeda leader Osama Bin Laden was killed.Since 2013, he said Pakistan’s relations with the US had witnessed an “upward trajectory”.”In the past three months, however, this upward trajectory in relations has witnessed a downward slide, as reflected in a decision of the US Congress to block partial funding for eight F-16 aircraft,” he said.Aziz said that the US action might have been caused by concerns raised by Washington on the nuclear issue which had been categorically rejected by Pakistan.The adviser, however, assured the Senate that in view of the importance of the issue, Pakistan is making all-out efforts to finalise the F-16 deal with the US Administration.However, senators have termed the US a friend which could not be trusted anymore.They also criticised the US for expanding its relations with India.


PROMOTION SCAM IN ARMY EXPOSED:Lt. Gen. N K Mehta demoted to Brigadier

Lt Gen NK Mehta, (AOC) demoted to Brig on charges of FRAUD and MALICE by AFT Lucknow in their order on 17th Feb in the review application. However his demotion was stayed by Supreme Court subject to the outcome of the OA. His OA now stands dismissed. Judgement pronounced by AFT Lucknow-OA 255/2012 – brig (Lt gen) NK Mehta, AOC, versus UOI and Ors on 13/5/2016.

Salient points of judgement-
1. Lt Gen NK Mehta to be demoted to Brig with immediate effect.

2. Cost- RS 5 lakh to be paid by NK Mehta for committing fraud in active connivance with MOD.

3. Cost- Rs 50 lakh on UOI, COAS, MS( to be recovered from the salary/pension of the persons accountable for the entire episode). Amt to be deposited within two months to the registrar of the tribunal, which shall be remitted to the Army Central Welfare Fund ( ACWF) for the welfare of army pers.

4. Enquiry to be ordered by government to fix responsibility in accordance with law for unfair practices in the army or MOD as the case may be.

5. Promotion to Lt Gen of NK Mehta was totally wrong .

6. Policies on promotion were totally violated as per convenience to facilitate NK Mehta to become Maj Gen and further Lt Gen.

Judgement link:

http://aftlko.up.nic.in/AFR/O.A.%20No.%20255%20of%202012%20Brig%20NK%20Mehta.pdf

BACKGROUD HISTORY :19 FEB 2016

Tribunal: Lt Gen not even fit for Maj Gen promotion

Vijay Mohan

Tribune News Service

Chandigarh, February 19

The Armed Forces Tribunal (AFT) has decreed that a top Army Ordnance Corps (AOC) officer who was recently elevated to the rank of Lieutenant General was not even fit to be promoted from Brigadier to Major General and has recalled its promotion order.Taking up a review petition filed by another AOC officer, Maj Gen RS Rathore, the Tribunal’s Bench, comprising Justice DP Singh and Air Marshal Anil Chopra, has held that the promotion of Lt Gen NK Mehta from the rank of Brigadier to Major General on the basis of a previous AFT order was not tenable due to concealment of facts from the court. The AFT’s order can be challenged in the next higher judicial forum. Both officers are of December 1979 seniority and were considered as Brigadiers for promotion to the rank of Major General in 2011. While Rathore was approved for the next rank, Mehta’s result was withheld due to a pending Disciplinary and Vigilance ban on him in an earlier case, which was later revoked. Mehta approached the AFT in 2012 seeking promotion to Major General. Rathore averred that several important facts were hidden by Mehta and he had not even been impleaded as a party to the case even though they were the only contenders for a single vacancy.“Since from material on record, there appears to be concealment of facts, the respondent, prima facie, seems to be not eligible for promotion even to the rank of Major General, we direct the respondents (MoD and Army) to maintain status quo ante forthwith,” the Bench ordered, while imposing costs of Rs 25,000.It held that since the impugned order seems to be an outcome of fraud (concealment of material facts), it is liable to be recalled in view of the settled proposition of law and may not stand even for a moment, causing miscarriage of justice, and once the impugned order goes, in view of the law settled by the Supreme Court all the subsequent orders, decision or action shall stand vitiated. The process of law, in this case, seems to have been abused for extraneous reasons, the Bench ruled.“While parting with the case, we feel that corruption has crept in every system of the country and pray to Almighty to impart justice and help the country to recognise merit of the persons serving the nation instead of extraneous considerations,” the Bench remarked, while observing that no person, how so high may be, should be permitted to enjoy office acquired by commission of fraud even for a day.

Case file of Ordnance officers

  • The petitioner in the review application,Maj Gen RS Rathore, and the respondent, now Lt Gen, NK Mehta, are Ordnance officers of the December 1979 seniority
  • Both were considered for promotion from Brigadier to Major General in 2011 but promotions were held up due to an ongoing inquiry
  • Rathore was approved to become Maj Gen in 2012 after judicial intervention, but Mehta’s result was held back due to inquiry, ACR issues and assessment by Army HQs
  • Mehta moved AFT and in 2012, AFT ordered him to be considered for promotion. Review application filed by Army was dismissed
  • Rathore approached AFT in 2013 alleging concealment of information by Mehta before the AFT and also filed a review application in 2015
  • Mehta was recently elevated as Lt Gen and is posted at College of MaterialManagement, Jabalpur

AFT finds fault with promotion process, demotes Lt Gen to Brig

Vijay Mohan

Tribune News Service

Chandigarh, May 13

Taking a critical view of the Army’s promotion process, the Armed Forces Tribunal (AFT) today ordered that an officer promoted to the rank of Lieutenant General be demoted to Brigadier, two rungs below the current rank, with immediate effect for misrepresenting facts before the selection board.Lt Gen NK Mehta from the Army Ordnance Corps had been elevated to the rank of Lieutenant General a few months ago. In February, during the course of the proceedings, the tribunal had made similar ruling on the officer’s demotion. The Supreme Court had then stayed the orders.The tribunal has also imposed a cost of Rs 50 lakh on the Union of India and Rs 5 lakh on the officer, which shall be remitted to the Army Central Welfare Fund for the welfare of troops. The AFT’s order can be challenged in the next higher judicial forum.The tribunal’s Bench, comprising Justice DP Singh and Air Marshal Anil Chopra, has held that the promotion of Lt Gen Mehta from the rank of Brigadier to Major General on the basis of a previous AFT order was not tenable due to concealment of facts from the court. The tribunal has also faulted the Ministry of Defence for its acts of omission and commission in the selection process.Directing that a copy of the order be sent to the offices of the Prime Minister, Defence Minister and Defence Secretary within three days for appropriate action, the tribunal also ruled that it would be open to the government to hold an inquiry and proceed in accordance with law against the persons who were responsible for the unfair practice in the Ministry of Defence or in the Army.“The controversy involved in case is indicative, prima facie to some extent, of the administrative failure in the mechanism provided for promotional avenues for higher ranks in the Army on account of omission and commission on the part of the administrative machinery, which may be actuated by extraneous reasons, considerations or alike grounds and requires immediate remedial measures,” the tribunal observed.Suggesting that the MoD should further tone up its working so that unauthorised officers should not have access to the ministerial staff or other officials in the MoD, all decisions taken by the Selection Board may be screened by a committee of experts in law, the tribunal remarked that the Judge Advocate General’s Branch must be activated and engraved with knowledge of law to avoid such travesty of justice otherwise it would be opening a gallery to sleeper cells of foreign Intelligence.

Ordnance Corps officer’s case: ‘Facts misrepresented’

  • An Armed Forces Tribunal Bench held that the promotion of Lt Gen NK Mehta from the rank of Brigadier to Major General on the basis of a previous AFT order was not tenable due to concealment of facts from the court
  • The tribunal has also faulted the Ministry of Defence for its acts of omission and commission in the selection process
  • The tribunal has also imposed a cost of Rs 50 lakh on the Union of India and Rs 5 lakh on the officer, which shall be remitted to the Army Central Welfare Fund for the welfare of troops

China ‘coordinating’ with Pakistan to block India’s entry into NSG

CHINA WOULD LIKE TO PROJECT ITS POSITION AS ‘NEUTRAL’ WHEN IN REALITY IT IS ‘WORKING IN TANDEM WITH PAKISTAN TO STALL INDIA’S APPLICATION’

WASHINGTON DC: China and Pakistan are closely coordinating moves to block India’s entry into the Nuclear Suppliers Group (NSG). Beijing is using Pakistan’s Non Starter position with the NSG to block India’s application in the name of parity, stating that it would either support NSG entry for both India and Pakistan, or none of them.

Talking about the ChinaPakistan grand strategy to stall India’s admission into the NSG, US sources who work with the NSG said from all counts it does appear that China and Pakistan are coordinating to stop the Indian entry.

Sources pointed to the fact that when India sought an information session with the NSG Participating Governments (PGs) at the recent NSG Consultative Group meeting on April 25 and 26, where it would have made a formal presentation to the NSG Group in support of its membership, Pakistan requested for a similar discussion slot with the NSG PGs.

Sources said that even though Pakistan was fully aware that its request would be rejected, it made its application at the cue of China, in order for Beijing to look even-handed when it sought the rejection of both requests on grounds of parity. Providing an insight into the China-Pakistan plan to stall India, sources say that Pakistan is now going to write to all the NSG PGs about its wish to join the NSG. The Pakistani application, added sources, is “just a decoy” for China to reject both applications on grounds of parity. China knows that Pakistan does not stand a chance at the NSG, and most of the NSG states will reject Islamabad’s application.

By taking the lead in rejecting the Pakistani application along with that of India, China would like to project its position as “neutral” when in reality it is “working in tandem with Pakistan to stall India’s application”.

US sources are disappointed with the Chinese tactics of “using Pakistan’s non credentials with the NSG to settle scores with India”. Sources say that this strategy is not a secret and during Pakistan President Mamnoon Hussain’s visit to China in November 2015, China revealed its hand when it told President Hussain that if India is allowed to get NSG membership, China would ensure that Pakistan also joins the group.

The Chinese government told President Hussain that “if India is allowed to join the NSG and Pakistan is deprived of NSG membership, Beijing will veto the move and block the Indian entry”.

US sources have seen through China’s game of “either both or none” in the NSG. They say that India’s non-proliferation credentials can never be compared with Pakistan’s, as Pakistan has a history of “selling nuclear technology to rogue states such as Libya”. They point to the father of Pakistan’s nuclear bomb, Dr AQ Khan, and his global nuclear trade.

Also the West fears that Pakistan’s nuclear weapons, especially the tactical version that it is now in the process of developing, can easily find their way into the hands of terrorists, as Pakistan’s nuclear command is extremely vulnerable to penetration by Islamic hardliners.

Sources say that China is aware of this situation, and is mindful of the fact that Pakistan can never be considered for membership in any global nuclear club, but that won’t stop China from using Pakistan as a “parity token to stop India which is emerging as China’s competitor”.


How Should Sadiq Khan’s Election as Mayor of London be Viewed:::Lt Gen Syed Ata Hasnain

How Should Sadiq Khan's Election as Mayor of London be Viewed

So London does it again; springs surprises and beats trends. A second generation Pakistani immigrant goes and wins for Labor the Mayorship of London. Over the last few months I often commented on the un-integrated elements of the second generation immigrants in West Europe, and UK is West Europe too I presume. I always alluded to the dangers of the second generation immigrants being educated and growing up alongside the original citizens and suffering discrimination which has left them disenchanted.

Is the election of Sadiq Khan as Lord Mayor of London something which really beats the trend of disenchantment with immigrants or are both UK and London really different? It needs examination in the light of the prevailing environment all over the West, the deepening Islamophobia, the throwback from the effects of the threats posed to Western culture from the migration still underway from Syria and North Africa, the hugely polarizing effects of Trumpism spreading through America and the continuing shenanigans of radical elements everywhere. That is a mouthful in favor of the belief that the Western world has closed ranks to protect its value system and wall off the negative effects of radicalism which has adversely affected its security. In the light of this is Sadiq Khan’s election a flash in the pan or does it allude to the prevalence of inherent tolerance in Western society that accepts individuals for their worth.

A ray of hope for people with a balanced outlook who abhor xenophobia, Sadiq Khan’s triumph is a reiteration of liberalism in UK.

The latest census of London showed that 12.4 per cent of Londoners are Muslim, 48.4 per cent Christian, 1.8 per cent Jewish, 5 per cent Hindu, 1 per cent Sikh and 20.7 per cent profess no faith (their ethnicity is not known). So obviously Sadiq Khan was supported by a large cross section of all faiths for the 57 per cent vote he secured from those who turned out for the election.

I closely observed London during a yearlong stay 10 years ago. I found the city an extremely happy one even less than a year after the 7 July 2005 bombings. There was no xenophobia anywhere. In the academic intellectual circles that I moved in I found no visible discrimination although I do believe that it exists under wraps. What was most marked was the severe criticism against government for supposed inefficiency; for someone living away from the chaos of New Delhi it was a surprise because everything seemed like clockwork. There were rabble rousers among immigrants who bad mouthed the government and -demanded imposition of Shariah. I always wondered why they were not simply deported for having the gall to come to a developed nation and then demand imposition of one’s own culture instead of absorbing that of their new country. Yet, the UK media did not find that too strange and hardly condemned such rants. I expected a condescending attitude from the white Caucasian part of the population but somehow never found that. The UK’s policing system is minimally intrusive and yet very effective. A few years ago immigrants were involved in riots in areas south and east of London; then too the response was surprisingly benign.
I have not lived in other parts of West Europe, only visited cities. However, followed media during short visits and following up on the net one cannot say for sure that liberal values of a similar kind exist there. On the face of it they do. All these nations have opened their doors to immigration for the purpose of absorbing both talent and labor. However, given the situation in Paris or Brussels I wouldn’t expect the electorates there to elect an immigrant to lead their cities.

Given the proclivity of the US to keep electing leaders on proven capability and not ethnicity shouldn’t its mirror image in UK be expected to do the same? Actually not, the US is a nation of immigrants, the UK is not. Reports from the US now indicate a new fascination for Islamophobia. As Donald Trump’s popularity within the Republicans increases, so do the number of instances where common citizen fliers on domestic airlines feel more restive with apparently strange languages, skin color and other indicators of immigrant or foreign descent. Trumpism is affecting America for sure and the same trends are noticeable in Europe which has been deeply affected by the impact of terrorism and immigration. The translation of liberal values into practice, under the prevailing circumstances, would mean the ability of society not to club ethnic groups under labels; maintain balance in its utterances and for media to advise greater tolerance. That is easier said than done in societies used to relative peace and high quality of life. Europe hasn’t been able to do it that well but the UK appears different. No doubt it hasn’t been affected by the travails of new mass migration nor from effects of radical terror. Perhaps the result would have been different had UK recently suffered the same. Or perhaps still not, given the fact that UK feels it is different to the rest of Europe; the Brexit vote on 23 Jun will decide that for sure.

Given the entire analyses one cannot take it away from the man and perhaps that made the difference. Sadiq Khan expressed his abhorrence for Islamism as much as he did for anti-Semitism. It is his persona that probably made even greater difference. A diffident but confident man appreciated for his ability. Yet, without the basic character of the electorate and its tolerance he would still not have made it.

London’s election should wake us up to the feasibility that elections are not always what they seem. People are still inherently appreciative of character and capability, tolerance and balance because that brings a greater assurance to their lives. Donald Trump may rave and rant but if he continues to generalize as he does he is unlikely to triumph in an exercise which still appears to be old world.

Unfortunately Sadiq Khan’s success has been celebrated the wrong way by the Pakistani immigrants with shades of anti-Semitism. He has quickly made amends by ensuring he was also seen at a temple and honored by the local British Indian community. He appears far too cultured and mature to be taken in by some of the typical narrow minded elements of the electorate; possibly his friends from the Tooting days. It augurs well for liberalism and its continued strength in the oldest democracy of the world. It offers succor to those who think Europe may change for the worse; a hope that influence of UK’s continued tolerance and liberalism may still act as a beacon to a society under intense pressure from radicalism and it effects.


Agusta case: Christian Michel’s driver spills beans on India contacts, funds links

New Delhi, May 8

Agusta case: Christian Michel's driver spills beans on India contacts, funds links

Investigators have got some “vital” leads on the Indian contacts and fund sources of Christian Michel, an alleged defence middleman, after interrogating his local driver here in connection with the money laundering probe in the nearly Rs 3,600-crore VVIP chopper deal.

Officials said Michel’s driver, Narayan Bahadur, was questioned at length by ED sleuths in the last few days and he has divulged vital information about contacts of the British national who has emerged as the crucial link in the case where agencies are probing alleged payment of kickbacks that helped swing the deal in favour of AgustaWestland for supply of 12 choppers for flying VVIPs.

They claimed the driver was getting money through global wire fund transfer services until recently and this could help investigators in locating the current operations and activities of Michel against whom both the ED and CBI have obtained Interpol red notices for arrest.

The driver, sources said, would drive Michel around during his visits to India and worked with him for nearly four years.

He used to pick up Michel from his hotel in central Delhi and took him to his Indian and foreign contacts in Lutyens Delhi and southern part of the national capital.

Although Bahadur had been questioned by the agencies earlier, they stumbled upon some vital leads recently when ED sleuths searched his premises and are understood to have seized some documents, phones and a few other things that could throw light on Michel’s role in the scandal.

The VVIP choppers deal probe has shed light on the involvement of three alleged middlemen — Carlo Gerosa, Guido Haschke and Michel — in swinging the deal in favour of UK-based AgustaWestland, a subsidiary of Italian firm Finmeccanica.

Investigating agencies are probing their role in the specific context of alleged payment of bribes and extension of favours by the company to clinch the multi-million dollar deal.

On January 1, 2014, India scrapped the contract with the company over alleged breach of contractual obligations and charges of paying kickbacks of Rs 423 crore by it for securing the deal.

Both the probe agencies have also issued separate Letters Rogatories (LRs) to various countries seeking assistance to take the probe forward.

A joint team of the two agencies is likely to travel soon to a few overseas locations to track the trail of funds, both through wire tranfer and cash. — PTI


RAFALE DEAL Will consider Law Ministry’s views: Parrikar

New Delhi, May 3

Even as the Ministry of Defence has agreed to the pricing of the 36 Rafale fighter jets to be bought from Dassault Aviation France, the Ministry of Law and Justice has made certain observations that are being incorporated in the under-negotiation  inter-governmental agreement between India and France.Defence Minister Manohar Parrikar informed the Rajya Sabha in written reply today that “the Ministry of Law and Justice has made certain observations and the same will be adequately taken into account while finalising the IGA (inter-governmental agreement), which is still under negotiations”. — TNS


Parrikar to lay war memorial stone, Brig Behl says not informed

Tribune News Service

Dehradun, April 29

Brig KG Behl (retd), patron of the Dehradun Ex-Services League, here today expressed surprise at the scheduled laying of the foundation stone of the Uttarakhand State War Memorial at Chir Bagh by the Defence Minister, Manohar Parrikar, tomorrow. The authorities had not intimated ex-servicemen associations on the issue, he said.“How it has been named Saurya Sthal instead of war memorial is not known. The design of the memorial has not been approved by any retired or serving defence official,” he said.Brig Behl added it was surprising that the ex-servicemen, who were involved in locating and designing the war memorial right from its inception, were purposely ignored.He said earlier the project was required to be taken up under the auspices of the Directorate of Sainik Kalyan Punarvas and Uttarakhand Sub-Area, but now it was being constructed under the Cantonment Board.He added that one acre had been allotted for the war memorial. The authorities should ensure that the war memorial should be appropriate and should function properly.