ORDER

1. The petitioner has challenged the order dated 27.7.2000 (Annexure P/2), whereby, in compliance of the order dated 31.7.2000, the petitioner was issued a certificate of discharged from the regular Air Force Service. He has also questioned the constitutionality of section 82, 83, 84 and 86 of the Air Force Act, 1950 (hereinafter referred to as “Act of 1950) and rule 24 and 31 of the Air Force Rules 1969 (hereinafter referred to as “Rules of 1969”) being ultra vires and in violation of Article 14 of the Constitution of India; section 50(b) of the Air Force Act, 1950 being ultra vires and in violation of Article 22(2) of the Constitution of India and rule 15(2)(g)(ii) of the Air Force Rules, 1969 being ultra vires and in violation of Article 20(2) of the Constitution of India.

2. The facts of the case in short are that the petitioner was enrolled in Indian Air Force on 22.10.1990 on the rank of Corporal, at No.2216 Squadron, Air Force C/o 56 APO. The petitioner was served with a warning dated 21.6.1999 (Annx.P/5) of “Potential Habitual Offenders”. It was stated in notice that since the petitioner was at the threshold of falling in the category of Habitual Offender, hence he wa