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DK J oshi
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Earl y reti rement fi g-l eaf on navy exi t
SUJ AN DUTTA
New Delhi, March 11: The Centre today decided to
treat former navy chief D.K. J oshis resignation as
voluntary retirement.
The government says the move will ensure himfull
pension benefits but it also effectively alters the official
record of his severance fromservice.
If we were to treat it as a resignation, he would not be
entitled to any benefits, a defence ministry source
claimed.
But this is contested by military-legal experts. There is a
clear difference between resignation and voluntary
retirement, said Maj. Gen. (retired) Nilendra Kumar, who
was judge advocate-general, the top military law officer.
It is too embarrassing for the government that a service chief has resigned because
resignation is indicative of some sort of resentment and, to that extent, a protest. Now they
want to cover it up and wrap it up as premature retirement.
Ministry sources said that by treating J oshis resignation as voluntary retirement, he would
also be able to continue to use his rank (admiral-retired) at official events. The suggestion
that the rank could be retained only under such a circumstance also has been challenged
by others.
The sources claimed that the ministry had gone out of its way to get himthese benefits to
honour his 40-year service to the country. It took the permission of the President, who is
the supreme commander of the armed forces, to grant J oshi the benefits.
J oshi left service on February 26 with 15 months to go till the end of his tenure, hours after
learning that two officers were killed in a fire inside the INS Sindhuratna submarine.
In the official history of the government, J oshis decision to quit will not reflect the word
resignation but voluntary retirement, ministry sources said.
On the evening of February 26, a defence ministry statement said that the admiral had
decided to resign as the chief of naval staff immediately and that the government had
accepted his resignation with immediate effect.
All it took, other sources said, was a meeting that lasted less than an hour between J oshi
and A.K. Antony in the defence ministers corner office in South Block. Antony had drawn
considerable flak for the quick acceptance and some sources wondered whether the
voluntary retirement route has been taken as part of an attempt to redeemthe ministers
image.
Kumar, the former judge advocate-general, has said voluntary retirement or premature
retirement is granted to officers who are found unfit for service or in a contingency when
the officer is required to take up another assignment for the country.
An explanation at this stage and weeks after the actual incident (of resignation) raises
many questions: why wasnt the mode of separation fromservice clearly divulged in the
first instance? An officer who resigns fromthe military retains his rank. He is also entitled
to various terminal benefits. There are ample precedents, said Kumar.
He pointed to the resignation of the late general, P.N. Thapar, who quit after India was
drubbed in the 1962 war with China.
Kumar also cited the example of Lt Gen. S.K. Sinha, who quit as vice-chief of army staff
after he was superseded by Gen. A.S. Vaidya in the 1980s. Lt Gen. Sinha has also been
the governor of Assamand of J ammu and Kashmir since leaving service.
Even Admiral (retired) Vishnu Bhagwat, who was removed fromservice by then defence
minister George Fernandes (1998), retains his rank.
This (the governments) move raises more questions: in fact, the way it was hastily done
in 40 minutes do we have to believe that his decision was processed by the defence
minister, defence secretary, Prime Minister, the cabinet and the President in that time?
Even if a major or a lieutenant colonel wants to resign, it takes three months were they
trying to find a scapegoat? wondered Kumar.
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