<p>Sixty-one-year-old Prakash is the third Lt Gen rank officer to be court-martialled and the second to be sacked.<br /><br />As Prakash has already retired from service on January 31, 2010, as per the Army Act, the dismissal means he will not get any post-retirement benefits like pension, medical facility and provident fund or be able to retain the rank and status of Lt General. He also automatically stands stripped off all his medals.<br /><br />The order by the military court will be sent for confirmation to the eastern army commander, the convening authority of the General Court Martial in the case. <br />The order has to be signed by the Army chief to come into effect and Lt Gen Prakash can appeal against it in the civilian higher judiciary.<br /><br />Lt Gen Prakash was found guilty of misusing his position under the Army Act Section 45 (conduct unbecoming of his position as an officer) and Section 52 (intent to defraud).<br />Held at an Army station on the outskirts of Guwahati, the much-awaited court martial finished its procedure on Friday. Lt Gen Prakash was the second three-star General found guilty in the Sukhna land scam after L T Gen P K Rath who was also court-martialled for the same offence. <br /><br />Lt Gen S K Sahni was the other three-star officer who was convicted by a court-martial. Lt Gen Sahni, who retired in 2006, was involved in irregularities in ration procurement and distributing poor quality food items to soldiers.<br /><br />In a separate court martial held in Shillong, Lt Gen Rath had earlier been punished in the case with two-year seniority loss and 15 years of loss of service for pension. <br /><br />Found guilty<br />Lt Gen Rath, who will be in the service till March 2012, was found guilty of issuing no objection certificate (NOC) and signing a memorandum of understanding with a real estate developer without informing the command headquarters.<br /><br />The Sukhna scam involves issuing an NOC for the transfer of 71 acres next to Army’s 33 Corps Headquarters in Siliguri in north West Bengal to real estate developer Dilip Agarwal who wanted to build a private school there. <br /><br />Lt Gen Prakash used his influence in Army headquarters and his proximity to then Army Chief Gen Deepak Kapur to rope in Lt Gen Rath in the NOC business without the knowledge of Eastern Army Command in Kolkata then headed by the current Army Chief Gen V K Singh.<br /><br />Lt Gen Prakash visited the Chumta tea estate during his official tour to 33 Corps and referred Agarwal to Lt Gen Rath, who issued the NOC in March 2010. <br /><br />Though Lt Gen Prakash did not have any jurisdiction over Siliguri—as he was posted in the headquarters—he took undue interest in the project and influenced Lt Gen Rath to execute the job.<br /><br />Court martial<br /><br />The court martial was ordered after Lt Gen Prakash was indicted by an Army Court of Inquiry early last year. The scam dates back to 2008 when the move to transfer the land out in the open, leading to the Army initiating disciplinary proceedings against senior officials. Eastern Army Commander Gen V K Singh presided over the Court of Inquiry.<br /><br />Lt Gen Rath, during the inquiry, had admitted that he prepared the NOC at the behest of Lt Gen Prakash, his superior officer. Lt Gen Prakash all through denied any involvement in the scam.<br /></p>
<p>Sixty-one-year-old Prakash is the third Lt Gen rank officer to be court-martialled and the second to be sacked.<br /><br />As Prakash has already retired from service on January 31, 2010, as per the Army Act, the dismissal means he will not get any post-retirement benefits like pension, medical facility and provident fund or be able to retain the rank and status of Lt General. He also automatically stands stripped off all his medals.<br /><br />The order by the military court will be sent for confirmation to the eastern army commander, the convening authority of the General Court Martial in the case. <br />The order has to be signed by the Army chief to come into effect and Lt Gen Prakash can appeal against it in the civilian higher judiciary.<br /><br />Lt Gen Prakash was found guilty of misusing his position under the Army Act Section 45 (conduct unbecoming of his position as an officer) and Section 52 (intent to defraud).<br />Held at an Army station on the outskirts of Guwahati, the much-awaited court martial finished its procedure on Friday. Lt Gen Prakash was the second three-star General found guilty in the Sukhna land scam after L T Gen P K Rath who was also court-martialled for the same offence. <br /><br />Lt Gen S K Sahni was the other three-star officer who was convicted by a court-martial. Lt Gen Sahni, who retired in 2006, was involved in irregularities in ration procurement and distributing poor quality food items to soldiers.<br /><br />In a separate court martial held in Shillong, Lt Gen Rath had earlier been punished in the case with two-year seniority loss and 15 years of loss of service for pension. <br /><br />Found guilty<br />Lt Gen Rath, who will be in the service till March 2012, was found guilty of issuing no objection certificate (NOC) and signing a memorandum of understanding with a real estate developer without informing the command headquarters.<br /><br />The Sukhna scam involves issuing an NOC for the transfer of 71 acres next to Army’s 33 Corps Headquarters in Siliguri in north West Bengal to real estate developer Dilip Agarwal who wanted to build a private school there. <br /><br />Lt Gen Prakash used his influence in Army headquarters and his proximity to then Army Chief Gen Deepak Kapur to rope in Lt Gen Rath in the NOC business without the knowledge of Eastern Army Command in Kolkata then headed by the current Army Chief Gen V K Singh.<br /><br />Lt Gen Prakash visited the Chumta tea estate during his official tour to 33 Corps and referred Agarwal to Lt Gen Rath, who issued the NOC in March 2010. <br /><br />Though Lt Gen Prakash did not have any jurisdiction over Siliguri—as he was posted in the headquarters—he took undue interest in the project and influenced Lt Gen Rath to execute the job.<br /><br />Court martial<br /><br />The court martial was ordered after Lt Gen Prakash was indicted by an Army Court of Inquiry early last year. The scam dates back to 2008 when the move to transfer the land out in the open, leading to the Army initiating disciplinary proceedings against senior officials. Eastern Army Commander Gen V K Singh presided over the Court of Inquiry.<br /><br />Lt Gen Rath, during the inquiry, had admitted that he prepared the NOC at the behest of Lt Gen Prakash, his superior officer. Lt Gen Prakash all through denied any involvement in the scam.<br /></p>
