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Army chief likely to go to SC on age row

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Posted: Jan 02, 2012 at 0317 hrs IST

New Delhi Army Chief General V K Singh is learnt to be considering the option of moving the Supreme Court on the issue of his date of birth in the next few days as a Public Interest Litigation (PIL) on the matter that is pending before the apex court threatens to derail his future legal options.

Last Friday, the Defence Ministry officially rejected Singh’s representation on the matter, after taking legal advice from the Attorney General. Having exhausted all options of redressal from the ministry, Singh now has the option of approaching the Supreme Court for relief.

While a decision on approaching the apex court is yet to be taken, things have been brought to a head with the Supreme Court set to hear the PIL on Thursday. A negative ruling on the PIL could have an adverse impact on Singh’s legal options. It is learnt that Singh is consulting legal experts on the matter.

The matter has also been precipitated by the possibility that the PIL — filed by a Rohtak-based association of retired Grenadiers officers — would not meet the legal test, leading to complications in the future. The PIL is set to be heard on Thursday, raising the possibility that Singh could approach the apex court in the next three days.

The PIL, filed about a fortnight back, had contended that all available documents, including the matriculation certificate, show Singh’s date of birth as May 10, 1951. However, the Defence Ministry is considering his date of birth as May 10, 1950. The hearing of the PIL was delayed after Justice T S Thakur recused himself from the case.

As first reported by The Indian Express, the controversy over the officer’s age arose when files were being moved to approve Singh’s appointment as an Army Commander. The Army had two different dates of birth in its records with the AG branch showing it as May 10, 1951 while the MS branch in charge of promotions and postings recorded it as May 10, 1950.

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Army Chiefs age by Peter Lopes on 02 Jan 2012

Gen VK singh has had about 4 decades of service. Why has he not resolved the issue of his date of birth in all this time ? He certainly did not have to wait till this juncture and that too only when his continuation in service as the COAS for a further year is in question. The Ministry of Defence is the right and final authority to decide on his case and having done so he should accept it in good grace rather than set such an unsavoury precedent in raising the matter to the higher levels of the judiciary.

Mr. by ABS Kumar on 02 Jan 2012

In the broader interest of the country and the morale of our great Army, General Singh should gracefully accept the Govt's dscision. He should put the nation and the "service before self".

Army Chief likely to go to Supreme Court! by T.Bose(NRI-OZ) on 02 Jan 2012

I know for a fact that most Indians REDUCE THEIR AGE by at least one year in their Matriculation certificate! In order to settle this question,the BEST & ONLY WAY is to refer to the BIRTH CERTIFICATE from the CITY OF THE PARTICULAR PERSONS BIRTH!

Sr Co-ordinator/Treasury by Vasudevan on 02 Jan 2012

First of all, an officer of his level should not be allowed a correction in his date of birth to avail undue advantage. Secondly, the reasons for the difference is not shown anywhere. The officer must have mentioned his date of birth at the time of joining the service. That date would have been supported by documentary proof. Hence the change in the date of birth should not be allowed at this stage being an officer of Army General. At the same time, he should be tried under Army Act 1950 and Army Rules 1954 to bring such issues now when he became General.

Army chief and his age issue. by Avinash on 02 Jan 2012

V.K.Singhs obstinate clinging to getting a few extra months in service is disgraceful. The begger has brought the Indian army into disrepute and should be ashamed of himself. Why can't Indian babus and politicians retire in a graceful and dignified way ? Without V.K.Singh army is not going to fall apart! Perhaps it will be better off without people like him !

Can't we trust our General? by AC on 02 Jan 2012

The question is shouldn't we trust General V K Singh who is entrusted with the security of the country, rather than bureaucratic babu's taking umbrage at his contention and proof and giving ridiculous reasoning of not correcting an error. It would be far more amusing for a Pakistani General and his entire Army to see his counterpart losing battle within the system running from pillar to post because of typographical error and also disbelieving a General who is correcting a past. If there is a trust deficit in the General of the Indian Army then he should not be allowed to continue and not even wait for his retirement.

Army chief likely to go to SC on age row by PUSHPINDER SINGH on 02 Jan 2012

The fact that the Army Chief has not quietly lumped the decision by the Government reveals the type of individual he is. Evidently he is the kind of gentleman who would be found very uncompromising and thus inconvenient by the bureaucracy and the politician. That is why they are making every endeavor to phase out the Army Chief prematurely. Other than the Birth Certificate itself, the Matriculation Certificate is the accepted legal document as proof of date of birth. To ignore the same as proof is an illegal stand by the Government. General, do please take these autocratic people to court!

MATRICULATION CERTIFICATE IS THE CONCLUSIVE PROOF by BIMAL CHANDRA JHA on 02 Jan 2012

Sir, There are hundred of cases pending in different courts in the country regarding date of birth. If a person has passed his matriculation examination, the date of birth as written in his matriculation certificate should be treated as the conclusive proof. The dispute may arise if the person is not a matriculate and under this circumstance,oral statements of his parents and if they are not alive, the statements of his or her close relatives are taken as the conclusive proof. Janma kundali, certificates from Head of the village, Municipal Corporation and other institutions are treated as proof for the date of birth. A medical examination is other option.So far as the date of birth of Army Chief is concerned, he is not only a matriculate, but also possesses higher degrees. He must have mention his DOB in other documents such PAN Card, Passport, voter id etc. I am of the view that the dispute is imaginary. Let the apex court decide the matter for once and all. -BIMAL CHANDRA JHA,PATNA

matriculation by pradeep on 02 Jan 2012

Hi Bimal, I agree with your points but we have to think i other way also whilw joining indian army age is mention on ID card, why Mr. Singh not reported once he received permanent defence card, As its applicant job to correct the information if it printed incorrectly, If this is proved its a breach of trust with indian army and people of india and should treat under army act and get punishment of court marshal and discontinue pension for life.

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