The Supreme Court on Tuesday said "enough is enough" as it rapped the Navy for not granting permanent commission to a 2007 batch Short Service Commission officer despite its direction and asked the authority to "shed its egos".
A bench of Justices Surya Kant and N Kotiswar Singh asked the authorities to consider the case of 2007 batch Judge Advocate Generals (JAG or legal) branch officer Seema Chaudhary within a week and grant her permanent commission.
"Enough is enough. Please mend your ways. We will give you one week to take her in for the permanent commission. Does the authority concerned think they can sit over the orders of the court? What kind of disciplined force are you?" the bench told senior advocate R Balasubramanian, appearing for the Naval authorities and the Centre.
The bench, which perused the minutes of the selection board and the annual confidential reports of the officer, asked why was she not taken in the permanent commission when the authorities claimed she had attained all benchmarks.
"The authority concerned has to shed its ego. How can you say that she is fit in all aspects but still we cannot take her in for permanent commission? There is a clear cut finding of this court that her case has to be considered on a standalone basis. Then why was she not considered till now?" it asked.
Balasubramanian said though she checked all parameters, her three annual confidential reports (ACR) contained adverse remarks, which couldn't be overlooked for the grant of permanent commission.
The bench asked Balasubramanian to furnish the three ACRs and said the remarks made by initiating officers were eventually overruled by the reviewing officer and final authority even accorded her the full 7.6 marks.
Balasubramanian said not her marks but remarks were the impediment.
He said the Navy did not have a closed mind and "she can be taken" upon a court direction. The lawyer, however, sought time to take instructions on the issue and come back.
The bench posted the matter for orders after the court's summer break and said the 2024 judgement of the top court passed in her review petition had attained finality.
The Navy, it said, couldn't always take new grounds to deny her permanent commission as the ACRs with adverse remarks referred to were of the years 2016-2017 till 2018-19.
"The 2024 judgement has attained finality and clear cut directions were issued to the Naval authorities. It cannot be at the whims and fancies of the officers. Ask them not to make this an ego issue and grant her permanent commission," the bench told Balasubramanian, asking him to convey the bench's intent.
In its February 26, 2024 verdict, the top court noted that Chaudhary was commissioned in the Indian Navy as a SSC officer in the JAG branch on August 6, 2007.
She was promoted on August 6, 2009 as a Lieutenant and, thereafter, on August 6, 2012 as a Lieutenant Commander.
During the course of her service, she was granted an extension in November 2016 for a period of two years and, thereafter, for an equivalent duration in August 2018.
On August 5, 2020, she was informed that she would stand released from service on August 5, 2021.
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