SAMRENDRA BEURA Vs. U.O.I.

JUDGEMENT

(1.) In this writ petition, preferred under Article 32 of the Constitution of India, the petitioner, an employee of Indian Air Force, who has been found guilty of the offence under Section 39(a) of The Air Force Act, 1950 (for brevity "the Act") and has been awarded sentence to suffer rigorous imprisonment for three months along with other punishments by order dated 15.3.2013 which has been affirmed by the Competent Authority under Section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to release him as he is in illegal detention because he had already spent one and half months in custody before the conviction was recorded by the court-martial.

(2.) The factual score, as depicted, is that the petitioner was appointed as a Mechanical Transport Driver in the Indian Air Force on 16.12.2002. As he absented himself without leave from 9.10.2012 to 1.2.2013, a court-martial proceeding was initiated against him and, eventually, by order dated 15.3.2013, he was found guilty and was imposed the sentence of rigorous imprisonment for three months apart from dismissal from service and reduction of rank. It is put forth in the petition that the petitioner had surrendered before the Competent Authority whereafter he was charged for the offence under Section 39(a) of the Act. It is contended that the sentence imposed under Section 39(a) should take into consideration the period commencing 1.2.2003 as he had surrendered to custody before the Competent Authority.

(3.) As the respondents have been represented and the issue involved exclusively relates to pure realm of law, we have heard Mr. Merusagar Samantary, learned counsel for the petitioner, and Mr. Rakesh Khanna, learned Additional Solicitor General, and Mr. Balasubramanian, learned counsel for the respondents.