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January 21, 1999

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Government must settle the Kadayan supersession case: SC

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The Supreme Court today sought that Attorney-General Soli J Sorabjee see if the dispute concerning the supersession of Lt Gen R S Kadyan, could be sorted out by the government since there was no allegation of favouritism in the case.

"A matter of this sensitivity should not reach a stage where it should be debated in a court," observed Chief Justice A S Anand who headed a three-judge bench.

The observations came during the preliminary hearing of the Union government's special leave petition challenging a Delhi high court judgement that set aside the appointment of Lt General H R S Kalkat as GOC-in-C, eastern command and which directed the government to appoint Lt Gen Kadyan in his place. The other judges on the bench were Justice M Srinivasan and Justice U C Banerjee.

The attorney-general replied, "I will see whether we can have a mechanism to deal with such matters outside the court."

The chief justice observed, "Such situations do have an effect on the morale of the forces."

He asked senior counsel P P Rao, appearing for Lt Gen Kadyan, to sit with the attorney-general and try "to help sort out the matter."

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