COURT No.1 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI 2. OA 3329/2023 In the matter of: JWO Rama Kumar SB through his Wife Smt D Nagalaxmi ... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Mr. Anand Kumar, Advocate with Mr. Durgesh Kumar Sharma For Respondents : Mr. Harish V. Shankar, Advocate CORAM: HON’BLE MR. JUSTICE RAJENDRA MENON, CHAIRPERSON HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER 09.02.2023 Invoking the Jurisdiction of this Tribunal under Section 15 of the AFT Act 2007, this appeal has been filed at the interlocutory stage during the pendency of a General Court Martial (GCM) seeking interference of this Tribunal on the ground that request made by the applicant calling for additional evidence has been rejected.Applicant has been put to trial and is facing a general court martial with regard to charges levied against him in the charge sheet Annexure A4. Five charges have been levied against the applicant which reads as under: First Charge Section 62(a) AF Act, 1950 WILFULLY DAMAGING AIRCRAFT MATERIAL BELONGING TO THE GOVERNMENT in that he at Air Force Station Sarsawa, on 24 November 2020, wilfully cut the cables of Auto Pilot Junction Box of aircraft Mi-17 V5 ZP-5176 of 152 Helicopter Unit, thereby causing damage to the aircraft material belonging to the Government. Second Charge Section 62(a) AF Act, 1950 WILFULLY DAMAGING AIRCRAFT MATERIAL BELONGING TO THE GOVERNMENT in that he at Air Force Station Sarsawa, on 03 December 2020, wilfully cut the cables of Auto Pilot Junction Box of aircraft Mi-17 V5 ZP-5146 of 152 Helicopter Unit, thereby causing damage to the aircraft material belonging to the Government.Third Charge Section 42(e) AF Act, 1950 NEGLECTING TO OBEY A GENERAL ORDER in that he at Air Force Station Sarsawa, on 03 December 2020, neglected to obey Para 3(d) of TSI Vol I Section 'B' leaflet No. Tech/Admin/01 dated May 13 by entering the aircraft, Mi-17 V5 ZP-5146 of 152 Helicopter Unit without authorization during the DI. Fourth Charge Section 65 AF Act, 1950 (Alternative) AN ACT PREJUDICIAL TO GOOD ORDER AND AIR FORCE DISCIPLINE in that he at Air Force Station Sarsawa, on 03 December 2020, improperly and without reasonable excuse entered the aircraft, Mi-17 V5 ZP- 5146 of 152 Helicopter Unit when the daily inspection of said aircraft was under progress. Fifth Charge Section 60 AF Act, 1950 HAVING BEEN DULY SWORN BEFORE A COURT COMPETENT UNDER THE AIR FORCE ACT, 1950 TO ADMINISTER AN OATH ORAFFIRMATION, MAKING A FALSE STATEMENT WHICH HE KNEW TO BE FALSE in that he, at Air Force Station Sarsawa, on 08 December 2020 having been duly sworn as a witness before a Court of Inquiry assembled by Air Officer Commanding — 30 Wing Air Force vide Entry No.2 in Station Routine Order Serial No. 94 of 2020, made the following statement when questioned by the Court with respect to number of times he entered the aircraft Mi-17 ZP-5146 on 03 Dec 20, which he knew to be false, namely; "Tl entered the aircraft two times, out of which, second time I entered the cockpit" The trial is in progress and during the pendency of the trial the applicant through his Defence Counsel submitted an appeal cum representation before the Air Commanding-in-Chief, WAC Subroto Park, New Delhi, on 30.12.2022, for granting permission to give additional evidence and documents. Taking note of the fact that at this interlocutory stage the authority should not interfere with the matter. The applicant can raise all these grounds in the GCM at the stage of confirmation before the confirming authority and thereafterhe can file statutory application under Section 161 (1) of the Air Force Act 1950. The Respondent no. 3 was advised to approach GMC regarding calling additional witness/documentary evidences the application, which stands disposed of. It is stated that after this order was passed, the applicant approached the GCM for the same, vide order dated 25.01.2023, the GCM disa