Round one of his battle on the age issue went to Army Chief General VK Singh when the Supreme Court today today gave an option to the government to "withdraw" its order rejecting statutory complaint saying, it "appears to be vitiated" and against the "principle of natural justice".
Giving the government a week's time and posting the matter for further hearing on February 10, the court said there were other remedies available for Gen Singh if the government withdraws its December 30 order.
Posing questions to the government, a Bench comprising Justices RM Lodha and HL Gokhale said in that case Gen Singh's statutory complaint against July 21 order can be reconsidered by the authorities and there was also an option for him to approach the Armed Forces Tribunal or the High Court.
However, later the Bench observed that approaching the Tribunal would not be the best option as only four months are left for him to retire.
It also said that though the tribunal is headed by a retired judge of the apex court, there are also members who come from the services and there is a possibility that they could either be junior or senior to Gen Singh at some point of time.
The apex court felt that the December 30, 2011 order rejecting Gen Singh's statutory complaint for treating his age as May 10, 1951 was "vitiated" as the decision taken by the authority was in consultation with opinion of the Attorney General on whose opinion also the first order was passed on July 21 last year.