Colonel Yatendra Kumar Yadav vs Major General B.S. Verma on 31 January, 2022

(v) Thereafter on 13.01.2012, the Directorate General of Medical Services (Army) gave an order posting the plaintiff out from the post of Commanding Officer, 425 Field Hospital to the post of Senior Registrar at Military Hospital, Shillong. The general policy was to retain officers of the Army Medical Corp at the place of their posting for at least two and half years vide Directorate General of Medical Services (Army) letter no. B/67001/Policy/DGMS 1(b)dated 03.01.2012, but the plaintiff had completed only about one year and ten months as Commanding Officer of 425 Field Hospital.

3. It is further averred on merits that there was no justifiable cause for issuance of legal notice and demand thereof against an officer based on noting on the file ; MG (Med) HQ (NC) was fully capable and justified in drawing conclusions based on various inputs received from the environment and his own interaction with the plaintiff ; as per procedure of service correspondence, no unit is permitted to correspondence directly with higher headquarters bypassing the intermediate formations ; the transfer and posting was effected as per the Army Headquarter policy letter no 13192/Policy/DGMS 1 (b) dated 16.01.2004 and as per the extant policy on the matters of posting and tenures the stipulated period of command is 2 to 2 ½ years is correct but organizational requirements are overriding and take priority ; plaintiff was moved out after completion of 2 years and 04 months and not prematurely.

             i.          Movement order dated 18.05.2011 Ex. PW1/1
             ii.         Letter dated 03.12.2011 Ex. PW1/2
             iii.        Posting order dated 13.01.2012 Ex. PW1/3
             iv.         Letter no. B/67001/Policy/DGMS1 (b), dated 03.01.2012

             v.          Application dated 14.01.2012 Ex. PW1/5

Col. YK. Yadav Vs. Maj Gen. B.S. Verma & Ors                                     Page no. 7 of 21
              vi.    Document bearing INDARMY (DGMS - 1B), MESSAGE

ID : 3, Signal no. 441010/DGM1B, dated 29.03.2012 Ex.

PW1/6

vii. RTI application dated 16.08.2012 Ex. PW1/7 viii. Movement order dated 17.09.2012 Ex. PW1/8 ix. Reply dated 23.10.2012 to the RTI application Ex. PW1/9 x. The Directorate General of Medical Services (Army) / DGMS 1 (b) note no. B/71535/RTI/DGMS - 3A/DGMS 1(b) dated 04.09.2012 Ex.PW1/10 xi. Noting sheet dated 18.01.2012 and 19.01.2012 Ex. PW1/11 xii. Noting sheet dated 23.01.2012 Ex. PW1/12 xiii. Noting sheet dated 06.02.2012 Ex. PW1/13 xiv. RTI application dated 06.11.2012 Ex. PW1/14 xv. Communication no. B/71535/RTI/DGMS3A/DGMS1(b) xvi. Letter no. 43244/RTI/252/DGAFMS/DG1C/1X dated xvii. Letter no. 111080/43/Gen/YKY/RTI/Edn, dated 06.04.2013 xviii. Appeal dated 15.04.2013 Ex. PW1/18 xix. Letter no. 22009/RTI/Edn(PC)/251 dated 16.05.2013 xx. Legal notice dated 04.12.2012 Ex. PW1/20 xxi. Statutory complaint dated 14.03.2013 Ex. PW1/21 xxii. Letter no. B/5759/DGMS19(b), dated 27.02.2014 xxiii. Order no. 15(10)/2014/D (Medical) dated 14.02.2014 xxiv. Order dated 21.11.2014 passed by Ld Assistant District Judge, Shillong Ex. PW1/24 - Mark H xxv. Order dated 11.08.2015 passed by Hon'ble High Court of Meghalaya Ex. PW1/25 - Mark I xxvi. Order dated 19.08.2015 passed by Ld Assistant District xxvii. Original returned plaint Ex. PW1/27 xxviii.Defamatory DO letter dated 10.12.2011 Ex. PW1/28 xxix. Order dated 17.09.2014 passed by Armed Forces Tribunal, Col. YK. Yadav Vs. Maj Gen. B.S. Verma & Ors Page no. 8 of 21 xxx. Order dated 19.08.2015 passed by Ld ADJ, Shillong Mark J 6.1. This witness was extensively crossexamined by ld counsel for defendant wherein the plaintiff admitted the following documents :

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