Armed forces tribunal’s judgement not being implemented by the government munims
A Tug of War has erupted in between the Principal Integrated Financial Advisor (PIFA) of MoD, Ms Alka Sharma and the Army on the above-mentioned issue which is very badly affecting the poor Soldiers who were initially made to run from Pillar to post to get their Pensionary dues and, finally when they could get a favourable Order from the AFT, this PIFA is sitting on the judgements showing two fingers even to the judiciary.
It is high time that the Adjutant General takes a tough stand on this issue. The Raksha Mantri must ensures that such officers are retired forthwith from Govt Service. How can mere accounts officer block the orders of the AFT. In fact She has the audacity to block even the orders of a High Court. Imagine if such attitude seeps into the Forces.
Alka Sharma has created hurdles in implementation of the orders of J& K High Court related to the defence personnel. The high court of Jammu & Kashmir and Ladakh therefore has summoned Alka Sharma, an officer of the Indian Defence Accounts Service (IDAS), who is currently posted as principal integrated financial adviser (PIFA) in the ministry of defence (MoD).
The officer has been summoned for contempt of court for posing obstacles in the implementation of its judgment related to the employment of an applicant, Makhan Singh, in the defence services.
“Since there are serious allegations against PIFA, who is sitting over the matter submitted to her on September 9, 2022, and resubmitted on February 7, 2023, we deem it appropriate to direct her personal presence on the next date of hearing to explain to this court as to why she is becoming an obstacle in the implementation of the judgment passed by this court,” says the order passed by a division bench, comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri, of the high court of Jammu & Kashmir and Ladakh.
The HC passed these orders when the deputy solicitor general of India informed the court that the government had not been able to implement the judgment since the PIFA was sitting over the file. So why does not the GOI remove this officer from Service is the mute question?
Importantly, it is not the first time that the role of the officer has come under scanner. In a series of cases, various benches of the Armed Forces Tribunals (AFT) also reprimanded the PIFA for “wilful disobedience” and unnecessarily sitting over and not providing financial concurrence to benefits granted to military widows and disabled veterans.”
In January 2023, the Chandigarh bench of the AFT had passed scathing observations against the office of PIFA for “creating false evidence which was a punishable offence under the Indian Penal Code” and wrongly putting the blame for non-implementation on other MoD offices.
‘PIFA projected court orders were against govt policy’…. Imagine this Accounts Officer questioning the verdict of the Court? Simply preposterous.
In yet another order passed for contempt, officer Alka Sharma was directed to appear in person before the AFT Lucknow bench on April 10 when she submitted a medical certificate of having been admitted to AIIMS (All-India Institute of Medical Sciences), Delhi, and sought exemption from the court.
The Lucknow bench of the AFT also passed strong observations and issued a contempt notice for ‘wilful disobedience’ against the same officer. Sources in the defence ministry also confirmed that many court orders had not been implemented, leading to embarrassment for the government since the concerned officer was sitting over the files and not granting ‘financial concurrence’.
A senior officer in the defence ministry confided that it was being time and again projected by PIFA (principal integrated financial adviser) that court orders were against ‘government policy’, not understanding that only those litigants would approach courts who are not granted relief by the government under existing interpretation of policy by administrative authorities, and in that sense, every order from the lowest to the highest court or tribunal in all government cases is bound to be against interpretation of policy by government officers.
The sources added that the powers to implement judgments already stand delegated to the defence services by the defence ministry and they have the authority to overrule the PIFA, who is only an adviser
The concerned PIFA, Alka Sharma is just not bothered for the sufferings of the poor soldiers but, as per her adamant nature, is hell bent to ensure that she only prevails in all such matters over ruling even the judicial verdicts. This lady, in the past was removed from the post of the Registrar of Delhi University unceremoniously.
It is reliably learnt that the Govt is now in the process of promoting her to the next level wherein she would play more havoc with the life of the soldiers. Her case has been referred to the ACC for her appointment to the next higher grade. It would be sufficient to read the various orders passed by the AFTs so as to understand the kind of nuisance this lady is creating for all of us.
It is high time that the PMO takes the cognizance of her deeds and takes proper action against her instead of promoting her. Such people, who are totally insensitive towards the cause of soldiers must be kept at a bay from the MoD.
The Secretary DMA must direct the DMA to prepare the case for removal of Ms Alka from MoD forth with, rather from the Govt of India Service itself. It is also surprising that till date no CGDA has been appointed by Govt of India. Smt Rashika Choudharyisstill holding it as an additional Charge.
The Chief of Defence Staff, the Chief of Staff Committee and the Department of Military Affairs must ensure that the AFTs are not toothless. Presently they do lack the Contempt Powers which must be given to them at par with High Courts.
The Honourable Supreme Court needs to look into this suo motto. Also in spite of clear cut directions of the Hon’ble Supreme Court, the AFTs are still under control of the MoD which is not only the Appointing & administering Authority for the Members of the AFT but is also the largest litigant.
In a large number of cases, AFTs have issued contempt notices to the MoD but till now no worthwhile action appears to have been taken against her and neither the judgements are getting implemented. The AFTs have been calling the MoD Officers responsible for the implementation, for their personal appearances to explain why the judgements are not getting implemented.
