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1996 Supreme(SC) 459

G.T.NANAVATI, S.C.AGRAWAL
Union Of India – Appellant
Versus
Corporal A. K. Bakshi – Respondent


JUDGMENT

S.C. Agrawal, J.-The question which falls for consideration in these appeals is whether an order for discharge from the Indian Air Force in accordance with the procedure laid down in the Policy for Discharge of Habitual Offenders under Rule 15(2)(g)(ii) of the Air Force Rules, 1969, as prescribed in the Policy Directive dated August 14, 1984, [hereinafter referred to as the Policy for Discharge ] amounts to removal by way of punishment falling under Rule 18 of the Air Force Rules, 1969 (hereinafter referred to as the Rules ).

2. The Air Force Act, 1950 (hereinafter referred to as the Act ), in Chapter IV, makes provisions for conditions of service of every person subject to the Act. Section 18 prescibes that every person subject to the Act shall hold office during the pleasure of the President. Section 19 empowers the Central Government to dismiss or remove from service any person subject to the Act. The said power is subject to the provisions of the Act and the rules and regulations made thereunder. Section 20 deals with the power of the Chief of the Air Staff and other officers in the matter of dismissal, removal or reduction of persons subject to the Act. Section 22 la













































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