"Justice Ignored is Justice Denied...!"
It was indeed, A very Sad Day, rather black Friday, for the so claimed Sovereign Secular Democratic Republic of India, where the humble request of a common Citizen of the country, a gentleman Officer, was politely ignored only to please their political interests . Why…?
Everyone knew that the General was absolutely right in his claim but only to cater to the interests of choice of the politicians, his genuine claim as a citizen could not secure for him, the oft claimed hollow lines in the Preamble :
“JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation];”
To enumerate in simple terms the General had sought for his fundamental right of the correction of his Date of Birth in his service records, which could have eventually meant continuation in service for a few more months. Let us ask the consciousness of the nation, what was wrong in his request logically as per the principles of Natural Justice. If the politicians of the country even after losing so many battles in elections continue to clamor for power till they don’t reach the doors of heavenly abode then why should the Government machinery in the bureaucracy feel that he was power hungry? This is the consequence of the stray gossip engaged in the coffee shops of the Capital, where the elite class of the bureaucracy and the Fourth estate, frame the timeline for the administrative set up of the country.
Power Hungry..? No, he was not at all power hungry. He was not demanding the position of the Field Marshal of India. Nor he was planning a Coup as it happens in other countries. In fact, there were 101 % chances if the Government of India had shown the magnanimity of making the necessary correction in the Date of Birth and then asked him to continue in service for the remaining period, possibly he would have felt honored and would have offered to resign from the Job on the May 31, 2012 as per his original commitment. At least he would have had the satisfaction of having been allowed to serve the nation for what was due from him.
In the History of Independent India there is no parallel case at this position and this case can’t be compared with that of General Sinha of Kiran Bedi.
Ultimately, it is apparently very clear from the chronology of the past events that
Ø The civilian authority clearly had no respect for the general’s grievances right from the beginning.
Ø Moreover, it is clear that Gen Singh was virtually forced to accept a decision on his age under duress, and not willingly.
Natural justice demanded that a full investigation was conducted by the army to reconcile the MS and AG Branches’ divergence, and the final date of birth determined as per law. But this did not happen. The system failed the general.
Where the general himself went wrong is clear: caught between the prospect of losing a promotion and living to fight another day, he chose the latter. It was a tactical decision, and he clearly swallowed his pride to ensure that the system did not victimise him and deny him his due after an illustrious career.
http://www.firstpost.com/india/real-lesson-from-gen-singhs-defeat-system-always-wins-210191.htmlThe most tragic part of ignoring the laws of natural Justice was In the end, the court gave him a Hobson’s choice: withdraw your petition or be prepared to lose.
The general did what he has always done when confronted with a superior force: retreat.
It’s a pity. The system may not have delivered him justice, but maybe he should have fought it and gone to the tribunal. In the process, he would probably have lost his promotion. He would have lost either way.
When it comes to fighting the system, you can’t win: you either lose your due or your honour or both.
Pushed on the back foot, government today told the Supreme Court that it has withdrawn its December 30 order rejecting Army Chief General V K Singh’s statutory complaint for treating his date of birth as May 10, 1951 instead of May 10, 1950.
http://www.firstpost.com/india/age-row-relief-to-army-chief-as-govt-withdraws-earlier-order-209332.html
The Supreme Court has taken the view that the court is looking at the date of birth only from the service point of view. The Attorney General has reiterated that the government still holds the General in high regard.
The judgment is a huge blow for General VK Singh. Court tells him he has to abide by his commitment and honour his letters of 2008 and 2009 accepting the DOB as 1950.
The Supreme-court has given the army chief three options to choose from. One to withdraw the petition, two sort out the issue with the government or three make do with the orders that it pronounces. Court says no prejudice was done to General VK Singh and that it has full faith in the government.
The court says that they are not trying to determine the DOB of Army chief but are concerned with recognition of DOB of Army chief in official records.
http://www.firstpost.com/india/live-sc-begins-hearing-on-army-chiefs-plea-209431.htmlWho-so-ever said that Poetics’ is the last refuge of the scoundrels was not wrong after all. It has been proved many times in the history. As the Gentleman officer had been cornered from all sides by the Media, Political Brass , Bureaucracy and his own organizational set up from the army so he had again no other choice but to take back the petition. Because under such circumstances the best tactic is Defence is the best Offence…!!!
In fact, in this battle between the Common Man and the Government of India, it is imperative that this has virtually exposed the complete administration, Executive, legislature and the Judiciary of the Government of India.
