Finally, Lt Gen Ganguly wins the post
NEW DELHI: The Supreme Court on Monday appointed Lt. General Manmoy Ganguly as the Director General of Medical Services (DGMS-Army), holding that appointment of Air Marshal Rajvir Singh to the post does not stand judicial scrutiny.
In a 39-page judgment, Justices AK Sikri and Ashok Bhushan noted the chequered history of the case getting curious with each round of litigation on how the post alluded Ganguly as a major general.
Noting that the first round of litigation started when he was denied the next rank of Lieutenant General by the Special Promotion Board on January 20, 2016 did not empanel him for promotion. The Armed Forces Tribunal (AFT) decided in his favour on September 2, 2017, but the Centre challenged it before the SC and its appeal was dismissed on November 10, 2017.
The SC then held that Ganguly was wrongly allotted lesser marks than his entitlement of 1.7 marks out of 2. In the fresh review, the SPB again on December 4, 2017 gave him 1.5 marks, forcing Ganguly to again approach the AFT to see restraint from filling up the post of the DGMS (Army) to which he would have become eligible if promoted as Lt General.
Interim stay was granted and the defence minister recommended his promotion as the Lt General on March 1, 2018.
Despite Ganguly being the senior most in the feeder rank, the Director General Armed Forces (Medical Services) recommended Lt Sanjiv Chopra, junior to him. Ganguly again went to the AFT which decided in its favour on May 7, but this judgment was again challenged by the Centre and its appeal was partly allowed on August 1, with the direction to place the matter before the defence minister to decide who is entitled to be appointed a DGMS (Army).
On the defence minister noting that the post be manned by a person other than the petitioner, Ganguly rushed to the Apex court and his petition was directed to be listed on August 13.
However, Air Marshal Rajvir Singh, who was holding the position of DGMS (Air) as on that date had been recommended for appointment as DGMS (Army) and he joined the post on August 10, three days before Ganguly's petition was to come before the Apex Court. Ganguly, therefore, moved a writ petition challenging Rajvir Singh's appointment to the post. The SC noted that Rajvir Singh was not even in the zone of consideration in the earlier process of selection of the DGMS(Army).
