JUDGMENT

Hemant Gupta, J.

The present appeal under Section 30 read with Section 31 of the Armed Forces Tribunal Act, 2007 (for short “the Act”) along with IA No. 1 of 2016 seeking leave to appeal arises out of an order passed by the Armed Forces Tribunal, Chandigarh, Regional Bench at Chandimandir (for short ‘Tribunal’) in OA (Appeal No. 324 of 2010) on 06.08.2015.

2. The appeal before the Tribunal was directed against the findings and the sentence awarded by District Court Martial (for short ‘DCM’) on 01.02.2010 confirmed on 09.03.2010 and also against rejection of his statutory complaint under Section 161 (2) of the Air Force Act, 1950 by the Chief of Air Staff. The DCM was initiated on account of an incident on the intervening night of 22.05.2009 and 23.05.2009 wherein a breach of good order of Air Force discipline was created by Module II airmen trainees attached to NTTI and Accounts Conversion Course trainees in the TV Room, over the change of TV channel on 22.05.2009 between 2150 hrs to 2210 hrs.

3. The incident pertaining to the disciplinary proceedings against the appellant happened after 2240 hrs in Dakota ‘A’ Block and at the main gate. A Court of Inquiry was conducted followed by summary of evidences. Thereafter the appellant was tried by DCM on seven charges of misconduct. The DCM has found the appellant guilty of charge nos. 3, 5 and 7 which read as under:

“3. Under Section 40 (c) Air Force Act, 1950 for using insubordinate language to his superior officer; in that he, at 405 Air Force Station on 22 May 2009 when checked by 647216 MWO ML Ranwan Cat Asst regardingbellowing of whistle in the billets, said to him, “MAINE KOI WHISTLE NAHI BAJAYA HAI, APKO JO KARNA HAI KARLO AUR AAP MERA KUCH NAHI KAR SAKTE or words to that effect.

5. Under Section 40(a) Air Force Act, 1950 for using criminal force to his superior officer, in that he, at 405 Air Force Station between 2230 hrs and 2345 hrs on 22 May 2009 used criminal force to 672315 WO Agar Singh Eqpt Asst by pushing the said WO Agar Singh from back.

7. Under Section 65 Air Force Act, 1950 for an act prejudicial to good order and Air Force Discipline. In that he, at 405 Air Force Station during intervening night of 22 May 2009 and 23 May 2009, improperly provoked a group of Module-II trainees of intake 02/09 which assembled at Main Guard Room and who were shouting slogans such as “WE WANT CI, “TUM APANA HAATH NICHE RAKHO”, “HUM TUMKO KUCH NAHAI BATAYANGE,” “CI IS COMING FROM BANGALORE OR WHAT, WHY IS HE TAKING THIS MUCH TIME,” “CI KO BULAO”, “CI NAHIN TO AOC-IN-C KO BULAO,” “CI KO BULAYENGE,” “STATION COMMANDER KO BULAYENGE,” “C-IN-C KO BHI BULAYENGE,” or words to that effect.”

4. Before DCM, the prosecution examined 14 witnesses, whereas the appellant examined 3 witnesses in defence. After examining the evidence on record, the appellant was given punishment of rigorous imprisonment for five months and also an order of dismissal from service was passed. Such punishment was confirmed on 09.03.2010 subject to modification of punishment of rigorous imprisonment being reduced to a period of two months. It is thereafter a statutory complaint was filed which was also dismissed.

5. The Tribunal, in appeal under Section 15 of the Act, examined the evidence led by the parties and found no error in the findings recorded by DCM and consequently dismissed the appeal. It is, thereafter, the present appeal with an application for permission to file appeal has been preferred.

6. The background of the incident is that on 22.05.2009, there was verbal fight with use of abusive language between Accounts Conversion Course trainees and Module II airmen trainees in the TV Room, over the change of TV channel. Squadron Duty Officer (Sgt BP Singh) and Orderly Officer (JWO JA Rana) got the TV room closed to avoid further fight amongst the trainees. The LAC S. Santra, sensing the possibility of further fight between the two groups of the trainees, informed the situation to WO Agar Singh. WO Agar