AFT Summons Defence Secretary Over Non-Compliance Of Orders By Ministry, Says It Is Handicapped In Absence Of Power To Initiate Contempt

Observing that the case indicates "pathetic lacklustre manner" in which Union government is dealing with implementation of its orders, the Armed Forces Tribunal's (AFT) principal bench has directed the Secretary of Ministry of Defence (MoD) to appear before it "personally".

The bench noted that there were more than 1,800 cases pending before the tribunal wherein its orders were not being implemented for months and years and in absence of provision for contempt, the Tribunal is "handicapped in dealing with issues pertaining to execution."

The bench of chairperson, Justice Rajendra Menon, and Lt Gen CP Mohanty (retd) said, "Before initiating the contemplated legal action against the Ministry as a last resort, we consider it prudent to direct the personal appearance of Secretary, Ministry of Defence before this Tribunal. In this case no appearance of any subordinate officer on sorora, behalf of the Defence Secretary shall be permitted at any cost."

The Tribunal was hearing execution application seeking implementation of an AFT order passed in in April 2023 to reinstate a woman lieutenant colonel in service.

The MoD had filed an appeal against the order in the Supreme Court, which was dismissed in September 2023.

"After dismissal of the SLP on 22.09.2023 the matter has been kept on dragging on one pretext or the other and the affidavits filed by the respondents indicate that they have been somehow trying to ensure that the order is not implemented by showing scant disregard to the order passed by this Tribunal to implement the order within four months even after dismissal of the SLP on 22.09.2023," the Tribunal said.

More than six months have passed and till date the matter stands where it was when the application  was disposed of by the Tribunal in September, 2023, it added.

"But in the garb of filing writ petitions and SLP, the matters cannot be kept pending for a long period of time. Instances have come to our notice where execution applications have been filed and after one year, writ petitions and SLPs have been filed by the respondents in the Supreme Court," the bench said.

Observing that the “scant regard" to its orders, the bench stated that it was nothing short of blatant contempt for which the tribunal had already constituted a larger bench to take action against the defaulters within the powers available under sections 19, 25 and 29 of the Armed Forces Tribunal Act.

“That apart, we have already referred 23 cases to Hon'ble Delhi High Court to initiate civil contempt actions which have the propensity to snowball into severe embarrassment for the Ministry and the defence services as there is no scope under law to dismiss the order of the Hon'ble Court by departmental actions without challenging the same in a higher court,” the bench observed.

While listing the matter for May 08, the Tribunal directed the personal appearance of the MoD's Secretary.

S S Pandey, Advocate for the petitioner.

Satya Ranjan Swain, Advocate for Union Government.

Title: Lt Col Nandita Satpathy v. Union of India & Ors.