Dismissal of Mahi following court martial set aside by AFT | chandigarh | Hindustan Times
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Dismissal of Mahi following court martial set aside by AFT

chandigarh Updated: Apr 15, 2011 20:40 IST
Jyotsna Jalali

The long fight of regaining the honour and pride finally came to an end for Major VS Malhi of Indian Army. On Friday, the Chandigarh Bench of Armed Forces Tribunal allowed the writ petition of Major Malhi against his summary court martial held in 2002.

A bench headed by justice Ghanshyam Prasad and Lt. Gen AS Bhaia, allowed the petition by Major Malhi setting aside his dismissal from the army after summery court martial in year 2002. The bench not only freed Major Malhi of all the charges against him but also entitled him to all consequential benefits. The petition was allowed after the bench found no substantial evidence to prosecute Major Malhi.

In the year 2001, Major Malhi was charged of extorting Rs 70,000 and holding one fellow Major Nijam Mahajan in illegal confinement for over ten days. Soon after this a summery court martial into the matter was ordered, wherein Major Malhi was not found guilty and none of the two charges leveled against him were proved.

However, again in year 2002, a senior officer ordered a review into the summery court martial held in 2001 on basis of confessional statements made by the Major. As a result of review of the court martial, Major Malhi was found guilty of extorting money but it could not be proved that he had held the fellow Major in illegal confinement. On basis of the outcome of the review of court martial, Major Malhi was dismissed from his services in year 2003.

Major V S Malhi moved various appeals against the order but to no avail. It was in year 2007 that he moved the high court against his dismissal from the Army. It was in 2010 that the case was transferred to tribunal's Chandigarh bench where after arguing the case for over a year, Major Malhi finally had his way. Present at AFT after pronouncement of the orders, Major Malhi said that all he is bothered about is his pride and honour and he is happy that the same has been restored.

Major VS Malhi had joined the Indian Army on December 4, 1971 as a Jawan, got promoted as junior Commission Officer in 1985. He was commissioned as an officer in year 1993, became a Capt. in 1996 and was promoted as a Major in year 2003. He in total completed 31 years of service in Army before he was dismissed.