Lt Gen Avadesh Prakash on Monday got relief from the Armed Forces Tribunal (AFT), which quashed the Court of Inquiry (COI) proceedings against him in the Sukna land scam and ordered a de novo probe into it.
Pronouncing the verdict, a two-member AFT Bench headed by Justice A K Mathur allowed Prakash, who had retired from the Army last month, to cross-examine six witnesses who had deposed against him in the COI without being cross-examined.
Observing that the Army Rule 180 was "seriously violated" during the COI, it said, "We fail to understand the manner in which the COI has been conducted. This was not a substantial compliance of the principles of natural justice." The Rule lays down that all officers have the right to be present when some other personnel depose against them during a COI.
After today's order, court martial proceedings against the former Military Secretary will have to wait till the fresh COI is over.
The Tribunal said after submitting fresh findings regarding Prakash's role in the case, "the authorities will be free to decide the fate of the case whether or not to send it for court martial."
The court martial proceedings, which had been ordered against Prakash, were to start on February 25 in Kolkata.
The issue of cross-examination of the six witnesses was a major plea of the retired general against the COI, on the basis of which the disciplinary action was initiated.
The six witnesses to be cross-examined by Prakash include Lt Gen P K Rath, Lt Gen Ramesh Halgali, Maj Gen P C Sen, Col N K Dabas, Lt Col Jiji Verghese and Naib Subedar Surjit Singh. PTI
