Lt Gen Avadesh Prakash got relief from the Armed Forces Tribunal, which quashed the court of inquiry proceedings against him in the Sukna land scam and ordered a de novo probe into it, on Monday.
Pronouncing the verdict, a two-member AFT Bench headed by Justice A K Mathur allowed Prakash, who had retired from the Army last month, to cross-examine six witnesses who had deposed against him in the COI without being cross-examined.
Observing that the Army Rule 180 was "seriously violated" during the COI, it said, "We fail to understand the manner in which the COI has been conducted. This was not a substantial compliance of the principles of natural justice."
The Rule lays down that all officers have the right to be present when some other personnel depose against them during a COI.
After the order, court martial proceedings against the former military secretary will have to wait till the fresh COI is over.
The Tribunal said after submitting fresh findings regarding Prakash's role in the case, "the authorities will be free to decide the fate of the case whether or not to send it for court martial."
The court martial proceedings, which had been ordered against Prakash, were to start on February 25 in Kolkata.
The issue of cross-examination of the six witnesses was a major plea of the retired general against the COI, on the basis of which the disciplinary action was initiated.
The six witnesses to be cross-examined by Prakash include Lt Gen P K Rath, Lt Gen Ramesh Halgali, Maj Gen P C Sen, Col N K Dabas, Lt Col Jiji Verghese and Naib Subedar Surjit Singh.
Justice Mathur said in order to meet the principles of natural justice, "we permit Prakash to cross-examine the (six) witnesses."
The AFT rejected Prakash's plea to cross-examine S Bajoria, owner of the controversial 71-acre land adjacent to Sukna Military Station, as he had earlier refused to do so when he was given the opportunity during the COI.
Welcoming the decision of the tribunal, Prakash's counsel Jyoti Singh said now her client will have a chance to cross examine the witnesses in the fresh COI.
"General Prakash has got justice today (Monday). The COI has been set aside because of non-compliance of the Army Rule 180. The court has set aside that part of the COI and held that all those witnesses will now be recalled and they will be examined in Prakash's presence. The COI, depending on the fresh evidence, will now submit fresh findings," she said.
Prakash was personally not present in the court.
In his petition filed earlier this month, Prakash had asked the AFT to quash the COI and his court martial claiming that Army Rule 180 was violated during the course of the COI.
