Blitz Bureau
THE Delhi High Court has upheld the termination of an Army officer who refused to participate in regimental weekly religious parades on the ground that he belonged to Christian faith, despite multiple opportunities and counselling sessions at various levels by superiors, reported Live Law.
A Division Bench of Justice Navin Chawla and Justice Shalinder Kaur said that the termination order makes it clear that the officer was resolute in his decision of not attending religious parades and stood outside the premises citing personal religious beliefs, which was corroborated by his Commanding Officer.
The court said that the termination was based on the officer’s conduct and its impact on military discipline and unit cohesion, rather than solely on the Annual Confidential Report (ACR) ratings. The court said that it salutes and acknowledge the dedication of those who guard the country’s borders day and night in adverse conditions. It added that the ethos of India’s Armed Forces places nation before self; and certainly, nation before religion.
“Our Armed Forces comprise of personnel of all religions, castes, creeds, regions, and faiths, whose sole motto is to safeguard the country from external aggressions, and, therefore, they are united by their uniform rather than divided by their religion, caste, or region,” the court said.
It added that a higher and heightened responsibility is cast on Commanding Officers to ensure that troops under their command are p r o v i d e d with facilities, when required, to observe their respective religious practices. “The Commanding Officers are to lead by example and not by division; and by placing the cohesion of the Unit above individual religious preferences, particularly when commanding troops who they will lead in combat situations and war,” the court said.
The Bench dismissed the plea by Samuel Kamalesan challenging his termination order and dismissal him from the Army without pension and gratuity. He had also sought reinstatement in service.
