lol boss..all th documentation inclusing the id card are printed with '51. you did not know that ?
Beta,Then why is sad ol' General still harping on one sole document as his dear life.Perhaps an opinion of an ex Major General will do you a world of good;
If the general wanted to change his birth date, he could have done so earlier; but accepting his demand will go a long way in salvaging the government’s long-term relationship with its military.
A plea to treat 1950 as the army chief’s year of birth will be a setback for the army’s cleansing drive
The last few months have seen Army Chief V K Singh’s name in the media in a controversy relating to his age. The general is an outstanding soldier who is a renowned strategist and a brilliant practitioner of military craft. I have known him well for over four decades. I, however, differ with him and his well-wishers on a few counts.
The general has submitted a statutory complaint on the matter of his birth date. Army Act Section 27 affords a right to any military person who feels wronged by the decision of any superior to seek remedy from the central government. The remedy is available to all, from the junior-most soldiers to the senior-most commanders. There are a number of reasons that make the case of the army chief different.
General V K Singh joined the National Defence Academy in June 1966. Three years later he entered the Indian Military Academy and, after completing his training, was commissioned in the Infantry in June, 1970. The year 1950 was recorded as his year of birth when he filled out the UPSC admission form for the National Defence Academy. Sometime in 2006, an entry of 1951 in the matriculation certificate came to be reported. There are discrepancies in the documents held by the Adjutant General and Military Secretary Branches of the army headquarters.
The regulations enjoin that any discrepancy in the date of birth is to be reported within the first couple of years after entry into service. The claim is then examined and settled. In this case, the officer could have taken timely recourse to those provisions to get the actual date entered in his dossier.
While he was a major general and waiting to be cleared for elevation to a three-star general he gave a written assurance that he would abide by the 1950 year and not to stake any claim for the year to be reckoned as 1951. Having once forwarded such an undertaking and gained promotion to a higher rank, would it be open for him to demand that 1951 be accepted as the year of his birth?
There are numerous allegations and counter allegations. It has been asserted that V K Singh was pressured to submit an undertaking to avoid withholding the process of the entire selection board.
Some believe that the case was put on the fast track by engineering a query under the Right to Information Act enquiring about the dates of birth of all army commanders and above. Certain members of political parties are reported to have met the prime minister to plead the army chief’s case. The outcome is not known.
Army headquarters took the unusual course of seeking the opinion of three former Chief Justices. They ruled in favour of the army chief. Perhaps they were approached without the government’s concurrence. If so, such a precedent may have dangerous consequences. Any soldier, say, a person convicted by a court martial, may obtain and forward comments and recommendations of former judges or law officers to demand a reversal of valid and bonafide decisions.
The matter is being projected by a few as a civil-military conflict. This view appears to overlook the fact that the matter was handled by three successive military secretaries starting with General Richard Khare. If the army did not agree to accept 1951 as year of birth, would the fault lie with the ministry of defence?
A plea to treat 1950 as the army chief’s year of birth will be a setback for the army’s cleansing drive. Can a senior commander be allowed to use his headquarters to pursue his personal case against the higher authorities? Should a general be retained to serve as a chief if he has any complaint against the government?
The army chief has risen to the very top position in the army, which is administered by well-regulated orders and rules. It is ironic that having attained the senior-most position he has now chosen to project his grievances against the system.
A statutory complaint in the shape of an alternate remedy has to be first submitted before approaching a court of law seeking judicial remedy. Any delay in disposing of the complaint or an unfavourable decision may lead to the matter being taken to Armed Forces Tribunal and further acrimony.
Maj Gen Nilendra Kumar (Retd)Maj Gen Nilendra Kumar (Retd)
Former Judge Advocate General of the Indian Army
Age row: is the army chief right?