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Peechulli Krishnan Chandran (Chief Engineer - Retired )     07 January 2014

Judges these days are letting themselves down,

 

·         Judges these days are letting themselves down, by unfair and discriminative judgements, more particularly the retired judges when placed with their short span tenure placement considered obligatory, i.e. under obligation. Please view this:- CORRUPTION PREVAILS IN ARMED FORCES TRIBUNAL, CHENNAI REGIONAL BENCH. Need for a watch-dog Authority, in public interest.Unfair Judgement Order O.A.7/2013 by the Honourable, Learned Bench Members of “Armed Forces Tribunal, Chennai. ARMED FORCES TRIBUNAL, REGIONALBENCH, CHENNAI. Ref:O.A.No.106 of 2013, Judgement Order released on Tuesday, the 26th day of November, 2013, which I protest as the undeserving paid pension forming precedence to follow in mass if known to the general ex-servicemen and depriving me of the entitlement which was long awaited for Armed Forces Tribunal, AFT to act., in a fair and just manner.

·         Calling judges lord, lordship, your honour not mandatory: Supreme Court. news.in.msn.com  A bench of the apex court says judges should be addressed in a dignified manner. Question lies in mutual respect, when Aam Aadmi emphasis freedom of expression with mutual respect. This appears to be a case of dismissal manipulated with his contacts of his service with MEG Records.

 Obviously, favored judgments ought to have a price behind when the entitled ESM is made to continue with his deprived rights and privileges and by concealing the ones (RECORDS), who were responsible for the wrong service discharge code, poor record-keeping and maintenance and by which the ex-servicemen suffer. The honourable bench exploiting the situation, making hay when the sun shines, during the short tenure of their placement knowing well that the inquiry stage will appear when they are no more with the AFT Bench. Reflects from the crude attitude of the bench, in not instilling fair-play but for obliging the representing counsels whom they like for reasons better known to them and the enlightened applying power of their own minds. Such atrocities should not be tolerated by the Judiciary as it brings shame to their working discipline in the eroding image in the public eyes.

 Insensitive defence professionals playing with the life of the ex-servicemen. CORRUPTION established in Military Court(Armed Forces Tribunal),Chennai Regional Bench. The Times of Indiamailerservice@timesofindia.com  Dear Reader,Your comment on the article ''Ex-sapper receives pension after 42 yrs'' is now displayed on timesofindia.com.  ''SOLDIER RECEIVES SERVICE-PENSION WITH MERE SEVEN YEARS OF SERVICE AFTER 43 YRS,CLAIM) *Judgement said in soldiers favour, * as judgement on a price from their shelves. Genuine claims are dismissed. states it took him 43 years to win his right to be paid a pension after he was discharged from Indian Army in 1970. DELAY AND LATCHES IN THIS CASE?
Judgement based on the agents/middlemen deployed for a price. * Judgement for a price.  Please note the judgement of disparity, from the same Armed Forces Tribunal, Chennai:- •Soldier Chengiah’s Records obviously “also should have been burnt, same as of OA7/2013. Indian Army, MEG Records needs scrutiny? For authenticity. *Ruling that the Army had illegally discharged former sapper Chengaiah, HOW SAID! Where is the Proof of evidence? The Armed Forces Tribunal favours directing to pay him his pension dues, from three years prior to the date he applied to the tribunal in 2010. While genuine claim OA7/2013 and RA16/2013 * invalided from constituted Army Medical Board, dismissed by the same bench, mercilessly ? UNDER DELAY AND LATCHES AS IN THIS CASE delay ad latches caused on account of wrong service code entry moreover in dismissal column instead of Discharged entry space.* with the result by oversight the PCDA rejected the disability pension and Signal Records, concealed the facts by not replying to my letter of claims until AFT came into existence who directed to finally send a letter through CDA Chennai. The first ever letter addressed through them wherein also the Soldiers Service Number was said of other soldiers number which got corrected at last.  
How soldier Chengiah’s record still maintained, forgetting delay and latches, as same RULE applies to all alike? Authenticity for soldier chengiah, to have been illegally discharged ? manipulated to help the undeserved for a PRICE ? He joined the Army's Madras Engineer Group (MEG) in July 1963, for 15 yrs like others. This included seven years of 'colour' and eight years of reserve service. same was in the case of OA7/2013. Self (P.K.Chandran) also signed 7+8 =15 years service but authentically discharged by an Army Medical Board constituted by the Indian Army, as I could also otherwise continued, for service pension attainment. Ref: BARE ACTS:- The Army Act 1950.
In 1970 the Army informed Chengaiah that there was no vacancy in the reserve services and discharged him. WHERE IS THE AUTHENTICITY/PROOF, AT THIS BELATED STAGE. Where is the evidence for this ? Appears to have voluntarily sought discharge as others do, after their first colour-service, open to a soldier. Hence, where is the evidence for such protest claim ? Favoured by the bench, corrupted net-work. 
This appears to be a case of dismissal manipulated with his contacts of his service with MEG Records.

 



Obviously, Chengaiah was not paid service-pension. Which is a valid reason for service-pension payment, applies for those not completing fifteen years of active service. to look into those not provided with the entitled arrived laws, by the Govt. of India. The army countered by arguing that the only documentary evidence that remained of his service were entries in MEG's record office, perhaps the same Service extract(Long Roll) provided by the Signal Records, in the case of OA7/2013. Hence, why this neglect, discrimination, victimization etc. to him after his long wait for AFT to give him justice? but why was P.K.Chandran harassed and humiliated to the core. Was it because he demanded his entitlement rights?

The Army said an ex-serviceman is entitled to service pension only after a minimum of 15 years but pension paid to Chengiah ? when he was not medically boarded-out from the Army like soldier P.K.Chandran, while Chengaiah was able-bodied and earned his living without disabilities as similar personnel who fulfilled 15 yrs additionally drawing pensions from the service rendered from civil service. Why was Chennai AFT Bench, go out of the way to pay pension to Chengiah who rendered only 7 yrs and came out fit for civil service and be obliged to pay pension to him by drain the Govt. coffers ? Why not paid to P.K.Chandran ( to the medically invalided soldier, discharged by a constituted medical Board of the Indian Army) Where is the justification, illogical, biased decision ? Hence, ARMED FORCES TRIBUNAL IS NOT PROPERLY REGULATED or no watch-dog authority, blind-eye over AFT's'' escaping the clutches of law.
Appears there is no watch-dog, despite reporting to the Principal Bench, New Delhi and the C.B.I., and C. V.C.
Please view the "Plight of the ex-serviceman in his 67, old, feeble, lonely depressed state". Seeking Justice through fair-play, but harassed and humiliated to the core. My daddy during his time talked very high of Military Administration, surprised as to how low the ADMN.Member (Lt. Gen.) stoops without integrity and honesty. Those inducted should atleast be qualified, with a Diploma in Labour/Human Rights/Admn. Laws, to anneal the crude nature of attitude built-up in the long time army-service, over the years with the fighting-force like Infantry, Artillery etc.
ESM in Cas Ref: OA7/2013 made to continue with his deprived rights and privileges and by concealing the wrongs of entries (RECORDS), who were responsible for the wrong service discharge code, poor record-keeping and maintenance and by which the ex-servicemen suffer. The honourable bench exploiting the situation, making hay when the sun shines, during the short tenure of their placement knowing well that the inquiry stage will appear when they are no more with the AFT Bench. Reflects from the crude attitude of the bench, in not instilling fair-play but for obliging the representing counsels whom they like for reasons better known to them and the enlightened applying power of their own minds. Such atrocities should not be tolerated by the Judiciary as it brings shame to their working discipline in the eroding image in the public eyes.“Religion, morality, and knowledge being necessary for good government and happiness of mankind, the means of education shall forever be encouraged.” The Constitution placed sovereignty in control of limited government. It placed sovereignty in the hands of the people outside the government, which means that the only way we the people can maintain our sovereignty the only way we can control the government is through elections of our representatives. How many members of our state government, our county and city governments do you think have read the Constitution and understand it? I would guess not many, judging by the explosive growth in the size of administrative government that we have seen over the past half century. Today, our' Founding Fathers 'would not recognize INDIA. 
Corruption was destructive to the effective dispensation of JUSTICE, saying where there is corruption there is no fair administration of justice. The same need to be nipped in the bud stage itself.There was a perception that adjudicators were corrupt and that it was disappointing and disheartening when knowing of the responsible learned honourable Bench begin to indulge in corrupt practices. The above said is just a simple example of case study to establish the wrongs in the delivered judgements, which is hardly exposed. Lacks a PRESS ROOM encouraging / inviting the media for a transparency mode, as in High Courts where the C.A.T. (Central Administrative Tribunal) functions. Atpresent,Mr.Manish Raj TNN brings out few cases, with his influence to the public, published  through TOI, Chn. Edn.    
“Religion, morality, and knowledge being necessary for good government and happiness of mankind, the means of education shall forever be encouraged.” The Constitution placed sovereignty in control of limited government. It placed sovereignty in the hands of the people outside the government, which means that the only way we the people can maintain our sovereignty the only way we can control the government is through elections of our representatives.How many members of our state government, our county and city governments do you think have read the Constitution and understand it? I would guess not many, judging by the explosive growth in the size of administrative government that we have seen over the past half century. Today, our' Founding Fathers 'would not recognize the " INDIA "they created.  Corruption was destructive to the effective dispensation of JUSTICE, saying where there is corruption there is no fair administration of justice. The same need to be nipped in the bud stage itself.There was a perception that adjudicators were corrupt and that it was disappointing and disheartening when knowing of the responsible learned honourable Bench begin to indulge in corrupt practices. The above said is just a simple example of case study to establish the wrongs in the delivered judgements, which is hardly exposed. Lacks a PRESS ROOM encouraging / inviting the media for a transparency mode, as in High Courts where the C.A.T. (Central Administrative Tribunal) functions. At present Mr.Manish Raj TNN brings out a few cases to the public through the Times of India, Chennai Edn. . ...

Chandran Krishnan Peechulli

 



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