AFT quashes inquiry against Major General

This is the second time that the AFT has set aside a Court of Inquiry in the matter, as an earlier inquiry too was quashed due to procedural irregularities.

The first court of inquiry was quashed in 2012 with the Army being given liberty to convene a fresh court of inquiry.

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A new inquiry was ordered the same year but in the meantime Rathore got promoted and was posted as Major General (Ordnance), Western Command, Chandimandir.

In a test audit carried out during October and November 2009, certain shortcomings were noticed in the dispatch of stores through Civil Hired Transport (CHT) from April 2006 to October 2008 by COD, Dehu Road. The case involves fraudulent payments made to a transport company allegedly due to incorrect assessment of requirements of civil hired transport with the involvement of COD authorities.

As many as 99 cases were identified where , instead of clubbing the requirements, the COD dispatched the consignments to the same consignee in a piecemeal manner at the interval of two to three days by hiring more than one vehicle, resulting in an additional expenditure of Rs 35,75,000. As many 130 instances were identified wherein the COD had requisitioned CHT of higher load capacity than required for dispatching the consignments and this had resulted into an additional expenditure of Rs 22,58,000.

The AFT found that while ordering a fresh inquiry against the petitioner, the authorities had exhibited malafide intention to victimise him as he had succeeded in getting the first inquiry quashed. It also found that while the General Officer Commanding Maharashtra, Goa and Gujarat Area had ordered administrative action to be taken against the petitioner, it was incorrectly changed to disciplinary action when he went on a temporary foreign assignment after handing over charge to his deputy.