New Delhi, Aug 27 : The Supreme Court on Monday restrained the Centre from filling the post of Director General Medical Services (Air Force) and sought Centre's response on the plea by Lt. General Manomoy Ganguly who is asserting claim to be appointed as DGMS (Army).
The bench of Justice A.K. Sikri and Justice Ashok Bhushan restrained the Centre from filling the post as the court was told that the post of the DGMS (Air Force) is likely to be filled thereby closing the doors on Lt. General Ganguly.
Senior counsel Kapil Sibal, who appeared for Lt. Gen. Ganguly, told the court that a man junior to Ganguly by one year is being appointed to the vacant slot.
The court was informed that to defeat the claim by Lt. Gen. Ganguly, the DGMS (Air Force) has been posted as DGMS(Army).
The court ordered that the post of DGMS (Air Force) should not be filled as it perused the records relating to the matter before it.
Attorney General K.K. Venugopal said that it was the decision of Defence Minister to move the DGMS (Air Force) as DGMS (Army).
Attorney General said, "It is Defence Minister's order." Sibal retorted: "Maybe. It may be Prime Minister's decision. A Defence Minister is not above law."
Senior counsel P.S. Patwalia also appearing for Ganguly told the court that he was being offered a three-tier post.
"So far I have not been given anything. They are offering him a three-tier post. If third post (DGMS-Air Force is filled by a third person, then nothing will be left", Patwalia told the court.
The top court by its August 1, 2018 while differing with the Armed Forces Tribunal's May 7, 2018, direction to appoint Lt. Gen. Ganguly as DGMS (Army) had remitted the matter to the Defence Minister Nirmala Sitharaman.
The AFT by its May 7, 2018, order had directed the Centre to appoint Lt. Gen. Ganguly as DGMS (Army) "as expeditiously as possible and certainly not later than one month from today, and for that purpose, take all necessary consequential steps."
The next date of hearing is September 10.
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Kolkata (PTI): The counting centre at West Bengal Chief Minister Mamata Banerjee's Bhabanipur assembly constituency witnessed a ruckus a day ahead of the counting of votes, with TMC workers alleging two cars bearing the BJP's flag were allowed entry to the compound where EVMs are kept.
The incident comes close on the heels of a four-hour-long sit-in by Banerjee in front of the same counting centre at the Sakhawat Memorial Girls School on Thursday night, alleging unauthorised entry of persons into the strongroom.
With the polling now over, the wrangling for power in West Bengal has turned into a battle of nerves between the incumbent TMC and the BJP. Workers and leaders of both parties have been keeping a steely gaze on the security of strongrooms across the state where the electoral fate of the candidates is sealed.
Despite expressing her confidence in a "landslide victory", Banerjee has repeatedly aired her apprehensions of "counting malpractice and EVM tampering ahead of the day of results".
On Sunday morning, TMC workers camping 100 metres from the counting centre alleged that two cars with BJP flags entered the premises and went near the strongroom.
"The CAPF personnel at the spot are not allowing any vehicle or person to enter the premises of the counting centre without valid identity proof. Then how come this car, which we have not seen in the past few days, was allowed entry? Once we protested, the central forces asked us to move 100 metres away," a TMC activist said.
The TMC claimed that while the police personnel posted there promised the vehicle would be removed from the spot, it remained there for some time.
A senior Election Commission official said the car was passing by the Harish Mukherjee Road, and after checking by security forces and police, it was allowed to leave as nothing objectionable was found in it.
On Thursday night, two counting centres, including one at Sakhawat Memorial Girls School in the city, witnessed high drama after TMC leaders alleged a lack of transparency and possible malpractice at the strongrooms housing sealed EVMs of the assembly polls, which concluded on April 29.
TMC leaders and candidates, Sashi Panja and Kunal Ghosh, held a sit-in outside the Khudiram Anushilan Kendra counting centre on Thursday evening, alleging unauthorised activities inside the strongroom amid the absence of TMC agents
In Howrah, TMC protested renovation work by the public works department at a place adjacent to the strongroom, and the EC stopped the work temporarily.
On Saturday, the ruling party filed a complaint with the poll panel, alleging unauthorised sorting of postal ballot covers at the EVM strongroom in Khudiram Anushilan Kendra.
Similar scenes were witnessed on Saturday outside the strongrooms at Asansol College in Paschim Bardhaman and the Barasat Government College in North 24 Parganas districts, where TMC workers held protests, alleging that CCTV cameras were switched off for several minutes.
The EC turned down all allegations, saying the surveillance cameras were working in an uninterrupted manner.
BJP spokesperson Sajal Ghosh told reporters that the people of Bengal were finding it "hilarious" that the TMC, "which used to win elections through unfair means and strongarm tactics" were now coming up with all sorts of "frivolous charges".
"Are they scared of losing?" he posed.
