In a significant ruling, the Regional Bench of the Armed Forces Tribunal (AFT) in Mumbai has taken decisive action regarding the General Court Martials (GCM) held in Goa. The tribunal granted relief to Lieutenant Colonel N K Pal, who was implicated in the Goa Gambling case. Alongside Pal, several officials from the Signal Training Centre at Goa also faced trial and punishment by the GCM. The proceedings commenced in July 2020 and culminated in stern repercussions for the individuals involved.
Supervisory Failure and Misappropriation Allegations
The trial centered around allegations of "supervisory failure" against Pal and others. A certain person had reportedly used cash collected from the canteen for gambling purposes at a casino in Goa, leading to accusations of misappropriation of public funds. The prime accused in the case received a 7-year jail term as punishment.
Relief for Lieutenant Colonel N K Pal
However, the recent ruling by the bench, comprising Justice Shailendra Shukla and Vice-Admiral Abhay Raghunath Karve, has set aside the GCM proceedings. Lieutenant Colonel Pal appealed against the GCM's decision, which had resulted in a severe reprimand and imposition of a fine on him. The tribunal's verdict was in Pal's favor, as it cited the limitation period stipulated under Section 122 of the Army Act, which barred the court martial from taking place.
Promotion and Reimbursement
In addition to setting aside the proceedings, the tribunal also ordered that Lieutenant Colonel Pal be considered for promotion to the rank of Colonel (TS) from November 11, 2021. A special review board is to be constituted within 60 days of the order for this purpose. Moreover, the tribunal directed the payment of Pal's dues and the reimbursement of the fine amount imposed on him within four months.
Pal's Defense and Unanswered Concerns
Lieutenant Colonel Pal's defense rested on his "clean past record" and the accolades he had received in his Annual Confidential Reports. He claimed that he was wrongly implicated in the case and highlighted alleged anomalies and discrepancies in the GCM proceedings. According to Pal, the court of inquiry (CoI) instituted when defalcation matters came to light had not adequately informed him about the charges against him.
Natural Justice and Army Rules Violations
Pal raised objections, asserting that he was denied natural justice, as he was not given prior notice of the matters being contemplated against him. He also argued that he was not afforded the opportunity to cross-examine witnesses, and the principles of natural justice were ignored during the proceedings. However, the tribunal dismissed these particular submissions.
The Limitation Bar and Conclusion
In a significant observation, the panel noted that the GCM should have been convened no later than March 20, 2020, i.e., three years from the date of the inquiry report's submission. However, it was convened on July 27, 2020, exceeding the limitation period set by Section 122 of the Army Act. Consequently, the tribunal concluded that the case was indeed affected by the limitation bar.
In light of the tribunal's ruling, Lieutenant Colonel N K Pal can look forward to a restored reputation and potential promotion to the rank of Colonel (TS). The decision sets a precedent for adhering to the specified limitation period for court martial proceedings, ensuring fair treatment and justice for military personnel facing such tribunals