The Petition has been withdrawn by Gen Singh.The Govt.,as reported ,has withdrawn the order dt.30 Dec.2011.The issue that was raised is not decided Judicially.This order of the S.C. can not be quoted as a precedent.The S.C. has acted to keep the prestige of both the parties.As per petition Gen Singh never wanted to serve beyound 31st May 2012.He simply wanted that his actual date of birth be accepted as May.1951 instead of May 1950.
A view could have been taken that the Petition is not directly maintainable before S.C.
It is not the status of the person to choose jurisdiction.Both parties should feel in win-win position.
D.C.V.
D.C.V.
On Fri, Feb 10, 2012 at 10:20 PM, KRANTIKUMAR DHARMADHIKARY <krdharma@hotmail.com> wrote:
Pl think over.
Col Dharma
LAW AND JUSTICE
Many people come out of the court complaining that it does not dispense justice. They feel bitter because though they were morally right , the court did not recognize their uprightness .
Much of the understanding about law and justice would be cleared if one understood the difference between the two. Justice according to law is different
from moral or natural justice. Natural justice is the ideal which legal justice tries to attain. Oliver Windell Holems once admonished a youth thus: " This is a court of law, young man, not a court of justice!"
Date: Fri, 10 Feb 2012 17:02:54 +0530
From: rangajan@yahoo.com
Subject: [HumJanenge] Injustice to Army Chief
To: humjanenge@googlegroups.com; humjanenge@yahoogroups.co.in; dilsedesigroup@yahoogroups.com; rti4empowerment@googlegroups.com; thekirti@yahoogroups.com; rti4empowerment@yahoogroups.com; rti_india@googlegroups.com
Supreme Court nixes army chief age plea
New Delhi: In a major blow to Indian Army chief General V.K. Singh, the Supreme Court Friday refused to entertain his plea challenging a government order setting his birth date as May 10, 1950 and said it will be forced to dump it if he did not withdraw it.
The court order has left Gen. Singh with little option over his dragging contention that he was actually born on May 10, 1951 – not 1950 – and that the issue concerned his "honour and integrity".
Hearing his petition at the admission stage, the apex court also asked the army chief to honour his letters of 2008 and 2009 accepting 1950 as his birth year.
It noted that the government order recognising his birth year as 1950 does not suffer from perversity and was not grossly erroneous.
It pointed out that some "threshold" documents Gen. Singh had submitted to the government too maintained that he was born in 1950.
The documents relate to the records of the Union Public Service Commission, the National Defence Academy and the Indian Military Academy.
The court said there was no prejudice vis-a-vis Gen. Singh and that the government had full faith in him.
Earlier in the day, the government told the court that it had withdrawn a Dec 30, 2011 order rejecting Gen. Singh's plea to reconcile his birth date to May 10, 1950 — which prompted him to move the court.
Attorney General G.E. Vahanvati told the court that the government had acted in response to a Feb 3 apex court querry whether it was willing to withdraw the order.
The court had then said that the Dec 30, 2011 order was "vitiated" by opinion given by Vahanvati in July 2011 that led the government to reject the army chief's request on his age.
While the army chief maintains that he was born in 1951, the government insists he was born a year earlier.
The discrepancy was pointed out by the Military Secretary's branch in 2006 when Gen. Singh was being considered for promotion as corps commander.
Since then, all his promotions, including as army commander in 2008 and army chief in 2010, were made on the basis that he was born in 1950.
If 1950 is taken as Gen. Singh's year of birth, he would have to retire in May. If the year is taken as 1951, he would retire in March 2013.
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