The court emphasized the obligation to consider the flight cadet's overall performance and previous history regarding discipline in determining the appropriate penalty for serious indiscipline, highlighting the importance of adhering to the guidelines in the sentencing policy.

PRADEEP NANDRAJOG, J.

1. The 24th day of September, 2013 was a day in the life of the petitioner which he shall rue. In the cadets changing room at the Air Force Academy in Dundighal (Hyderabad) he chanced upon the ATM card of his course mate Flt. Cdt. Shubhojeet Roy along with its pin code. The devil in the petitioner overpowered the goodness in him. He proceeded straight to the nearest ATM and withdrew Rs.5,000/-. The information of Rs.5,000/- from the account was intimated the same day by the bank to Flt. Cdt. Shubhojeet Roy who informed the instructor of the fact that his ATM card had been stolen and Rs.5,000/- withdrawn from his account. The petitioner admits having knowledge of the fact that Flt. Cdt. Shubhojeet Roy got knowledge of the theft of his ATM card and withdrawal of Rs.5,000/- from his account the same day and had lodged a complaint with the instructor. The petitioner also learnt that the Air Force Authorities had addressed a letter to the bank the same day demanding video footage of the ATM Machine wherefrom the withdrawal had taken place and thereafter Wg. Cdr. A. Popli directed all cadets undergoing training to fall-in and gave an opportunity to the perpetrator of the wrong to own up (probably on the assurance of a lenient view of the misdemeanour being taken); but the petitioner pleads that he could not muster the moral courage before his buddies. He wrote a letter to Flt. Cdt. Shubhojeet Roy in which he did not disclose his identity but stated that the author of the letter was a good friend of his and prayed that Flt. Cdt. Shubhojeet Roy should in the interest of his undisclosed friend withdraw the complaint. The letter was, as disclosed during arguments and not in the pleadings, kept under the pillow of Flt. Cdt. Shubhojeet Roy who saw the same and handed it over to the instructor. From the contents of the letter Flt. Cdt. Shubhojeet Roy understood that it was the petitioner who had committed the wrong. The petitioner apologized to him and not only returned to him the ATM card but even Rs.5,000/-. Petitioner claims that Flt. Cdt. Shubhojeet Roy orally requested the instructor that he wanted to withdraw the complaint.

2. Air Force Order 05/2012 concededly came into play. As per the order, a Court of inquiry or a formal investigation is not a pre-requisite for initiating disciplinary action against a Flight Cadet, but if opined to be desirable, a Court of inquiry or a formal investigation could be ordered where the circumstances of the case were not clear or where it was felt that certain additional inputs or information was warranted or where the facts presented were prima-facie indicative of a larger perspective or involvement of more number of cadets. The procedure contemplated by AFO 5/2012 required to be followed was admittedly followed at the Training Review Board (TRB) and since no arguments were advanced in relation thereto, suffice it to note that the petitioner was made known of the charge against him i.e. of stealing the ATM of his buddy Flt. Cdt. Shubhojeet Roy and unauthorizedly withdrawing Rs.5,000/- from his account, a fact which petitioner admitted in spite of being warned as regards the consequence thereof. The petitioner made the following statement:-

“STATEMENT OF (INDIVIDUAL MAKING CONFESSION)

I, FLT CDT M BHANDARI (175794-K) of AFA hereby make the following confession voluntarily without any threat, inducement or promise.

I Flt Cdt M Bhandari (175794-K) undergoing Stage-I training at AFA states that “I am undergoing Stage-I training at AFA along with Flt Cdt S. Roy since 01 Jul 13. On 25 Sep 13 I was in trainees’ changing room, and looking for a cigarette in Flt Cdt S. Roy’s bag. While looking for the cigarette I came across the Debit card and its ATM PIN in the bag. I took out the Debit card and committed to memory its ATM PIN. Later in the evening I went to the ATM near the GDOT faculty and withdrew Rs.5000 using the Debit card. Next morning I came to know that the matter has