NEW DELHI: Finding a Group Captain’s dismissal from service by a General Court Martial ( GCM) disproportionate to the gravity of offence, the Chief of Air Staff, Air Chief Marshal V. R. Chaudhari, has commuted his sentence to forfeiture of seniority and service for increased pay and pension.
A General Court Martial (GCM) at 13 Base Repair Depot (BRD), Palam, Delhi, had dismissed Group Captain D Viswanath of the Aeronautical Engineering (Electronics) branch on September 8, 2022, after finding him guilty under Section 41 (1) of the Air Force Act for wilful defiance of authority on two occasions.
Air Commodore Y Umesh, Air Officer Commanding (AOC), 7 BRD, Tughlakabad, Delhi, had ordered Group Captain Vishwanath, then posted at 7 BRD, in writing to meet him at his office on May 18, 2021. He did not adhere to the order.
The AOC again ordered Group Captain Vishwanath to report at his office on May 21, 2021. This time, too, he did not obey the order.
In his second communication, Air Commodore Umesh had explained to Group Captain Vishwanath that it was necessary for him to meet him as he wanted to convey important instructions to him.
Air Commodore Umesh had stated during the GCM that the Group Captain was avoiding him and was unreachable, and that was the reason he had issued letters to him for a meeting.
After the GCM’s order, Group Captain Vishwanath filed a pre-confirmation petition before the Chief of Air Staff.
“After having considered the facts and circumstances of the case and the fact that Group Captain Vishwanath has had a clean record, the Chief of Air Staff has commuted the punishment,” said Wing Commander Deepak Bansal (retd), counsel for Group Captain Vishwanath.
Air Chief Marshal Chaudhari has commuted the sentence of dismissal to forfeiture of two years, 11 months and 25 days’ seniority of rank, and forfeiture of five years and three months of service for the purpose of increased pay and pension. Besides, he has been “severly reprimanded”.
Group Captain Vishwanath had claimed that he was not in a sound mental state at the time of the commission of the offence and during the trial. Air Chief Marshal Chaudhari, however, overruled it and stated in his speaking order the Group Captain was diagnosed with “adjustment disorder” in October 2009, but he was declared fully fit in September 2011 and, subsequently, there was no record of any mental disorder.
During the GCM, medical officers had examined him and found him fit to undergo the trial.