SC takes exception to Army’s delay in NOC to officer seeking civilian job
Major Ravindra Singh, who applied for his release from the Army in June 2022 amid uncertainty about getting a permanent commission, moved the court after his plea for NOC was rejected
The Supreme Court has taken exception to the Army’s delay in giving a no objection certificate (NOC) to a short service commission officer seeking civilian employment and disinclination to provide him a permanent commission, saying such conduct by a disciplined force would only dissuade people from joining it.
Major Ravindra Singh, who applied for his release from the Army in June 2022 amid uncertainty about getting a permanent commission, moved the court after the Armed Forces Tribunal (AFT) rejected his plea for NOC from the Army to take up a civilian job. His request for a permanent commission was denied after he applied for it in August 2024 on the grounds that he did not get the marks needed for it. The marks were based on his annual confidential reports (ACRs).
The court on Tuesday sought Singh’s ACRs and posted the matter for hearing on February 4. “When he wants to go out, you do not give him an NOC. If you behave like this, how will people join the Army,” said a bench of justices Surya Kant and N Kotiswar Singh.
The Army submitted an affidavit saying Singh was ineligible to get a permanent commission as he did not get the requisite marks. Singh got 58 marks out of the 80 needed.
Additional solicitor general Aishwarya Bhati agreed to produce all relevant records in two weeks. She explained that the Selection Board does not know the identity of the officers being considered. Bhati said only their ACRs are known.
The court said prima facie it appears they have acted with prejudice to Singh. “...if we keep saluting them, they have no issue. Only when someone seeks to take up cudgels and opt for civil employment, they act differently.”
Singh’s lawyer, HS Sharma, argued that the marks awarded to his client ought to be examined as he maintained a good service profile throughout. He said Singh served in tough terrains and high altitudes.
The court directed the Army to produce proceedings of previous selection boards that considered Singh’s performance.
Bhati expressed willingness to produce the ACRs before the court and added Singh never challenged them. She said ACRs are confidential but a portion of them are disclosed to the officers.
The court said it needs to be examined who wrote the ACRs and at what point it was communicated to Singh.
In February 2024, the court directed the Army to forward Singh’s application provisionally without any objection regarding his eligibility as an ex-serviceman if he applies for civilian employment. It said Singh be permitted to compete for civilian employment as per eligibility and merit.
The Army and Central government informed the court that Singh would be “sympathetically” considered as per policy if he applied after he expressed his desire to be considered for a permanent commission in August 2024.
