SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(SC) 350

D.Y.CHANDRACHUD, HEMANT GUPTA
UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF DEFENCE DHQPO, NEW DELHI – Appellant
Versus
WG. CDR. SUBRATA DAS (19942-H) – Respondent


JUDGMENT :

Dr Dhananjaya Y. Chandrachud, J.

1. Delay condoned.

2. Leave to appeal is granted.

3. This batch of appeals arises from proceedings initiated before the Armed Forces Tribunal[The Tribunal]. Each of the four officers of the Indian Air Force-Wing Commanders Subrata Das, P.K. Sen, Rachit Bhatnagar and Group Captain Rajeev Moitra sought a premature separation from service under the Human Resource Policy[The Human Resource Policy, Air HQ/988321/1/PO-5] notified on 5 August 2011 by the Air Headquarters. Their requests for a Premature Separation from Service[PSS] were allowed. Before the date stipulated for their separation from the Indian Air Force["IAF"], the officers withdrew their requests and sought to continue in service. The rejection of their plea to continue by the Air Headquarters led them to institute proceedings before the Tribunal.

4 The officers succeeded before the Tribunal in three of those proceedings[O.A. No. 425 of 2013, O.A. No. 467 of 2013 and O.A. No. 134 of 2015], while the decision of the Air Headquarters was upheld in the fourth proceeding[O.A. No. 1265 of 2017]. The Union of India is in appeal against the three decisions of the Tribunal allowing the request

























































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top