The two-year loss of seniority would mean that the officer who took the three-star rank in May 2008, would be now considered as being promoted as lieutenant general from May 2010 only. He has one more year of service left.
Lieutenant General PK Rath, the senior-most serving officer to be convicted for corruption, was today given a sentence of severe reprimand and two-year loss of seniority by an army court martial before which he broke down while the verdict was being pronounced.
Rath will also have to undergo 15 years of loss of service for pensionary benefits for being guilty in the Sukna land scam.
"To take rank and precedence as if appointment as substantiating lieutenant general bore dated May 24, 2010, forfeiture of 15 years service for pensionary benefits and severely reprimand," general court martial (GCM) presiding officer Lieutenant General IJ Singh said in his verdict.
The two-year loss of seniortiy would mean that the officer who took the three-star rank in May 2008, would be now considered as being promoted as Lt Gen from May 2010 only. He has one more year of service left.
Rath was found guilty by the court yesterday on three counts but four other charges including 'intent to defraud' were dropped.
Rath broke down in the court while the judgement was being pronounced.
Expressing gratitude to the GCM for dropping the defraud charges, he said, "This has removed the stigma which has been haunting me ever since the chargesheet was filed in the case."
The order is subject to confirmation by the defence ministry.
Rath, former deputy chief of army staff-designate, was found guilty of issuing a 'No-Objection Certificate' in the capacity of 33 Corps Commander to a private realtor for constructing educational institutions on a piece of land adjacent to the Sukna military station in West Bengal.
The other two charges for which he was found guilty are signing of MoU with Geetanjali Trust for construction of the educational institute and for not informing his superiors in the Eastern Command about the proposed agreement.
The four charges of 'intent to defraud' against the officer were dropped by the GCM.
In his order Lt Gen IJ Singh said, "after carefully considering the case and the statements of the witnesses, it has been found that there is no evidence that the accused could have gained anything or cause injury to anyone."
"He has never told any officer to keep the matter as secret. Efforts were made to safeguard the interests of the army by ensuring that security is not compromised, and reservations in the proposed educational institution for the students and family of the army men," Singh said, adding there was "no deceit or secrecy in the signing of the MoU."
Holding Rath guilty for not informing the superior authorities about the change in decision, Singh said, "But it was his duty to inform and seek approval of the headquarters Eastern Command. His action is prejudicial to good order and military discipline."
The sentence of 15 years loss of service for pensionary benefits to Rath would mean a substantial decrease of 35-40% in pension.
"Though the pension would be for the rank of Lt Gen only but it will be calculated for 25 years of service and not 40 years," Rath's counsel Major SS Pandey said.
Rath had been designated as deputy chief of army staff but when the scandal came to light in 2008, his appointment was cancelled and since then he has been attached to different army formations for disciplinary proceedings.
An army court of inquiry had found Rath guilty of wrongdoing along with Lt Gen Avadesh Prakash, the then military secretary to the army chief, Lt Gen Ramesh Halgali, the then 11 Corps Commander and Maj Gen PK Sen.
Subsequently, the court martial was ordered against Rath and Prakash while administrative action was directed against the two other officers.
Prakash, the senior most of the four, is also facing disciplinary action in the case and his Summary of Evidence (SoE) has been completed in the Eastern Command headquarters in Kolkata.
Halgali is presently serving as the director general (military training) in the army headquarters in New Delhi.
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