The Supreme Court on Friday disposed of the Army Chief Gen V K Singh’s petition on the issue of his age, after he withdrew his plea in view of the Attorney General’s statement that the Government has not questioned his integrity and honesty.

The Government also told the apex court said it had opposed Gen. Singh’s petition only as a matter of principle and added that it is not a reflection of its lack of faith or confidence on his ability to lead the Army.

Gen Singh had moved the apex court after a Government order on December 30, 2011 rejected his statutory complaint for considering his age as May 10, 1951 and not as May 10, 1950.

The apex court did not find any prejudice or error either in the Government’s or in the Army’s stand of treating Gen Singh’s date of birth as May 10, 1950.

It pointed out that Gen Singh’s date of birth was recorded as May 10, 1950 in the Union Public Service Commission form for the National Defence Academy (NDA) examination as well as in the NDA records.

'ABIDE BY COMMITMENT'

During the hearing on Friday before lunch in a packed court room, the apex court said Gen Singh cannot now go back on his assurance in January 2008 to the Military Secretary branch of the Army that he has agreed to mention his date of birth as May 10, 1950. It was on the basis of this commitment that he was made Army Chief.

“Having given that assurance, I don’t think it would behove (fitting for) such a meritorious officer to take that back,” the apex court said.

It added, “We are really proud of your achievements. You have every right to agitate (your cause) and we don’t dispute that. May be it (the age controversy) was unfortunate, inadvertent. But you have accepted in 2008 (to mention the date of birth as May 10, 1950) and you should abide by your commitment.”

Observing that these matters regarding such “decorated officers should not have been dragged into public domain”, the court gave Gen Singh the option of withdrawing his petition and he did so during the post-lunch session.

The developments in the apex court will mean that Gen Singh will have to retire on May 31 this year. The apex court also took note of the Government’s persistent faith in him and said that he should continue to function as the Army Chief.

Gen Singh had earlier made it clear that he was ‘forced’ into accepting his date of birth as May 31, 1950, but the apex court noted that he had reconciled to that situation even if hesitantly.

The court had also sought to know why Gen Singh did not make efforts to get his date of birth changed to May 31, 1951 and what made him accept the 1950 date even when he had a chance not to do so before.

The court then said the issue before it was not about Gen Singh’s actual date of birth, but about the concerns in determining the date of birth recorded in official service records.

GOVT WITHDRAWS DEC ORDER

Earlier during the hearing, the Attorney General Mr G E Vahanvati told the apex court that the Government has withdrawn its December 30, 2011 order dismissing Gen Singh’s statutory complaint on the issue of his date of birth.

However, Mr Vahanvati said the Government continues to stand by its earlier order on July 21, 2011 to treat Gen Singh’s date of birth as May 10, 1950.

On February 3, the apex court had termed a Government order on December 30, 2011 as one that “appears to be vitiated” and against the “principle of natural justice and the principle of ultra vires” because it was taken after getting an opinion from the Attorney General, and so was the earlier order on July 21, 2011, for which also the Attorney General’s opinion was sough.

It then gave the Government an option to “withdraw” it and granted one week to the Government to do so.

HONOUR RESTORED

After the hearing on Friday, the counsel for Gen Singh, Mr Puneet Bali said, “Right from the beginning we have been saying that the petition was not for extension of service (of Gen Singh) but it was about the honour and integrity of the General. We are satisfied that his honour and integrity has been restored now that the Government does not doubt Gen Singh’s integrity.”

“The Government has been gracious. The matter has been resolved amicably. It is a victory for both sides and for democracy,” he said.

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