Army Tribunal passes soldier’s reinstatement

Chennai: Setting aside a dismissal order passed by the Army against a soldier, the Regional Bench of the Armed Forces Tribunal, Chennai, has directed the Defence Wing to reinstate him as the Supreme Court acquitted him of criminal charges.

The bench comprised Judicial Member Justice V. Periya Karuppiah and Administrative Member Lt General Anand Mohan Verma who directed the Army to reinstate him from the date of dismissal with back wages till date of reinstatement and grant him seniority with monetary benefits in three months’ time.

S.K. Sikdar, counsel for the petitioner, submitted that B. Velu, 33, of Avadi, was enrolled in the Army as a soldier in December 2000. While he was on annual leave a case had been foisted against him on July 29, 2002 under Sections 120B (punishment of criminal conspiracy), 302 (punishment for murder) read with 114  (abettor present when offence committed).

The principal sessions judge in Krishnagiri convicted him and awarded him a life sentence in October 2007. The Madras Engineer Group and the Commanding Officer dismissed him from service on April 15, 2008. Meanwhile, the Madras high court had upheld the lower court order.

Velu moved the Supreme Court in 2010. On March 2, 2012, the apex court acquitted him of all charges whereupon he sent representations to the Army, requesting reinstatement.

As there was no response, he filed the present petition, requesting the Tribunal to direct the Army to set aside the dismissal order and reinstate him with back wages, seniority and monetary benefits.
Senior panel counsel for the respondents, B. Shant­h­a­kumar, replied that his representation was under process and delay was attributable to administrative matters and approval by the various agencies.

The bench said that the Army’s dismissal order could not be continued when an acquittal had been made in the soldier’s favour.