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A Supreme Court bench of Justice DY Chandrachud and A.S.Bopanna today disposed off the contempt petition against Indian Army which was filed by women officers, after ASG Sanjay Jain on behalf of the army submitted that the contempt petitioners will be granted Permanent Commission (PC).

The Supreme Court in its judgment dated 25th Mach 2021, had held that all women officers who have fulfilled the cut-off grade of 60 per cent in the Selection Board held in September 2020 will be entitled to the grant of Permanent Commission, subject to their meeting of the medical criteria prescribed by and receiving disciplinary and vigilance clearance. In this context, 36 army officers filed a contempt petition stating that they had not been considered for PC despite having met all the criteria mentioned in the judgment.

When the matter came up for hearing, ASG Sanjay Jain informed the court that of the 11 officers who have not yet been granted PC (after the filing of contempt), complaints are pending against 8 officers. Justice Chandrachud at this point informed the ASG that that they will have to be considered if they have  the clearance of vigilance and disciplinary committees.

The ASG explained to the court that there were different consideration and that the members of the selection board give grading apart from the specific marks on overall performance of officers which is evaluated on the basis of figurative assessment of reporting officers. The court was however of the opinion that if the officers have indeed met the criteria laid down in the judgment, they should be considered for PC.

Justice Chandrachud speaking for the bench told the ASG that the army is guilty of contempt of court and said,
 “Army may be supreme in its authority but the constitutional court is also supreme. We had given you a long rope. The remarks we had made in the judgement allowing you to file affidavit on the consideration taken was to ensure that you say what you are doing. “

ASG while requesting the court not to pass any orders sought time to seek instructions from senior officers of the army.

On receiving instructions from the officers, ASG submitted that the army was ready to accept the judgment and that an order to this effect maybe passed by the court. The bench accepted ASG’s statement and held that out of the 35 officers who have come in contempt before the court, 21 officers have on further review been granted PC while the case of 1 officer’s case is being considered on separate grounds.

The bench further held that 14 officers have been left out for the grant of PC and out of which 3 officers have been found to be medically unfit. The remaining 11 officers would be granted 10 PC and according to the statement of the ASG, other officers who have not filed a contempt will be granted PC in 3 weeks from the date of this order.

The bench held that by way of caution, it is clarifying that those officers who have not obtained disciplinary and vigilance clearance will be considered subject to them meeting the required criteria.

The bench while disposing the petition directed intervenors to pursue remedies as per law. At this point Balasubramanian, Sr. Adv requested the bench to make the order not biding on other parties since it will create a reverse litigation. The bench clarified that it would consider this while dictating the order.

Case title:  Nilima Gorwade & Ors Vs Manoj Mukund Narwane & Ors

Also read: [Permanent Commission] "Army may be Supreme in its own Right but Constitutional Court equally Supreme": Supreme Court warns Army of Contempt action