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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Dwipjyoti Talukdar, S/o. Sri Akan Talukdar – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Defence – Respondent
JUDGMENT :
A.D. Choudhury, J.
1. We have heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. S. K. Medhi, learned Central Government Counsel, representing the Union of India/respondents.
2. The present writ petition is directed against the Order dated 06.04.2023 passed by the Armed Forces Tribunal, Regional Bench, Guwahati, in Original Application No. 56/2019.
3. Under the order impugned in the present writ petition, the discharge of the petitioner from the service in the Indian Air Force was negated by the learned Tribunal.
4. The facts are largely undisputed.
5. The petitioner joined the Indian Air Force as a trainee on 28.12.2011. He was awarded 1st Red-Ink entry on 04.11.2016, 2nd on 24.05.2017, and 3rd on 20.08.2018.
6. Though on 01.07.2018 the authorities proposed to promote him to the rank of Corporal, the promotion was not effected due to the pendency of a departmental inquiry.
7. Thereafter, on 19-08-2018, while the petitioner was under Quick Reaction Team (QRT) duty, he was found severely intoxicated at Air Force Dhaba in the domestic area, and accordingly, the 4th Red-Ink Entry was awarded to him on the very same date, i.e. on 19.08.2018, for this offence. Sub
Discharge from military service under the Air Force Rules is not deemed punitive when based on unsuitability, maintaining compliance with procedural fairness despite procedural leniency.
Discharge from service in the armed forces is not punitive if based on unsuitability and considering cumulative service records, distinguishing it from disciplinary punishment. Procedural safeguards ....
The initiation of disciplinary action against an officer after being discharged by a criminal court is impermissible, highlighting the importance of maintaining procedural fairness and equal treatmen....
Discharge for incurring multiple red ink entries in service requires thorough examination of individual circumstances; automatic discharge is not warranted without proper evaluation.
In the face of proved serious charge, punishment of dismissal cannot be said to be harsh.
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