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SUPREME COURT OF INDIA
Dhananjaya Y. Chandrachud, Hemant Gupta, JJ.
Amit Kumar Roy – Appellant
Versus
Union of India & Ors – Respondent
Civil Appeal Nos 4605 - 4606 of 2019 (D No 27372 of 2015) with Civil Appeal No 4607 of 2019 (D No 27196 of 2015)
Decided on : 03-07-2019
Air Force Act 1950 – Sections 13, 14 and 15 read with Rule 15 – Constitution of India – Article 19(1)(g) – Discharge – From IAF to join a civil post with Bank of India – Rejection of application for NOC by Air Force authorities – Air Force Act 1950 imposes restrictions on fundamental rights of members of IAF with a view to ensure proper discharge of duties and maintenance of discipline among them – A person who has been enrolled as a member of Air Force does not have an unqualified right to depart from service at his or her will during term of engagement – With rapid advancement of technology, particularly in its application to military operations, there has been reconfiguration of human and technological requirements of a fighting force – Interests of service are of paramount importance – Balance has been sought to be drawn between interests of service with situations involving requests by persons enrolled to take civilian employment – This balance is reflected in provisions contained in Air Force orders, in this case AFO 14/2008 – A person enrolled cannot assert a general right to act in breach or defiance of those orders – However, nearly eight years have elapsed since appellant left service – No purpose will be served in directing reinduction of appellant into IAF save and except to subject him to disciplinary action – Ends of justice would be met by directing that a final NOC and discharge be issued to appellant subject to appellant depositing with Union of India a sum quantified at Rs 3 lakhs. (Paras 9, 14, 15 and 16)
Facts of Case:
Instant appeals arise from a decision of Armed Forces Tribunal1 dated 11 April 2012 together with its order dated 25 May 2012, declining to review initial decision. Since appellant had not received a clean discharge certificate from Air Force authorities, his services were terminated by Bank of India on 30 April 2014. Challenging his termination, appellant moved writ proceedings7 in which by an order dated 17 September 2014, termination was stayed. appellant now seeks to challenge decision of AFT rendered on 11 April 2012 together with its order dated 25 May 2012 declining to review its decision.
Findings of Court:
Appellant in breach of the provisions contained in AFO 14/2008 applied for post of a Probationary Officer with the Bank of India, participated in written test and appeared at interview without intimation or approval. There was, therefore, a failure of the appellant to comply with his obligations both in terms of his engagement as an enrolled member of the force and in relation to requirements which were to be fulfilled under terms of AFO 14/2008.
Result : Appeals disposed of in terms.
JUDGMENT
Dr. Dhananjaya Y. Chanelrachuch, J.
Civil Appeal Nos 4605-4606 of 2019 (D No 27372/2015):
1. These appeals arise from a decision of the Armed Forces Tribunal (AFT) dated 11 April 2012 together with its order dated 25 May 2012, declining to review the initial decision.
2. The appellant was enrolled on 12 January 2004 as an Airman in the Indian Air Force [IAF]. His regular engagement was to come to an end on 11 January, 2024. An advertisement was issued by the Bank of India on 7 August 2010 inviting applications for filling up 2,000 posts of Probationary Officers. While posted at the Three Base Repair Depot, the appellant responded to the advertisement and applied for the post of General Banking Officer in the pay scale of Rs 14,500-25,700 in August 2010. The appellant did so without completing the mandatory period of service of seven years. Moreover, he did not obtain the prior permission of his unit authorities. This was (according to the Air Force authorities) in breach of the provisions of Air Force Order 14/2008 which was then in force. The appellant applied for the issuance of a No Objection Certificate [NOC] and a Discharge on 30 May 2011. By then he had appeared at the written test held by the Bank on 16 March 2011 and for an interview at which he was declared to be successful. His application for an NOC and discharge was forwarded to the competent authority at Air Headquarters by the Headquarters Maintenance Command on 4 July 2011. On 28 July 2011, the appellant received an order of appointment as a Probationary Officer with the Bank. On 16 August 2011, he moved the AFT [OA 1182/2011] at its Regional Bench in Chandigarh seeking directions for the grant of an NOC and for discharge from the IAF to join a civil post with the Bank of India. On 18 August 2011, the AFT issued an interim direction to the IAF authorities to provisionally issue an NOC and to discharge the appellant so as to enable him to take up the new assignment before 24 August 2011. This was subject to the condition that in the event of his OA being dismissed, the appellant would have to give up his appointment and join the IAF within a reasonable period of time failing which he would be liable to action as a deserter absent without leave. On 2 September 2011 after the rejection of an application for review filed by the Air Force authorities before the AFT and faced with a contempt petition, Air Headquarters issued a provisional NOC to the appellant permitting him to take up the appointment in a civil post of a General Banking Officer (JMG Scale-I) with the Bank of India. A discharge order was issued on 20 September 2011 on a provisional basis on the conditions stipulated by the AFT. The appellant joined Bank of India on 24 September 2011.
3. A Civil Appeal [Civil Appeal D No 38467/2012] was filed by the Union of India in this Court to assail the interim order of the AFT. On 12 March 2012 this Court directed the Air Force authorities to dispose of the application submitted by the appellant on 30 May 2011 for an NOC and discharge. The application was rejected on 26 March 2012. The order of rejection, in so far as is material, is extracted below:
"(a) You had applied for the civil post directly without obtaining prior permission of your Commanding Officer that too before completion of mandatory period of seven years of service in the IAF in violation of AFO 14/2008.
(b) Both the above acts amount to indiscipline.
(c) The pay scale of the civil post applied by you is Rs 14,500-25,700 which is not equivalent to Group -"A" as per Air HQ/S 40726/PA(RC) dated 22 May 2009 read with AFO 14/2008. As per referred letter dated 22 May 2009 the post is equivalent to Group -"C" Govt Post for which an airman belonging to a trade not having critical manning is eligible to apply only on completion of 15 years of service. On completion of 18 years of service, one can apply for
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