SOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was employed in the Air Force as an airman. On the expiry of the period of service of 9 years the appellant in terms of the relevant provisions of the regulation made an application for the term of his service being extended by another 6 years. Unfortunately for the appellant, the appellant got involved in a criminal case in relation to theft of certain Mig Batteries. The authorities concerned after holding an enquiry decided to hand over the case to the Municipal Court instead of trying the appellant by Court Martial. Before any order had been passed on the said application of the appellant for extension of his term the appellant continued in service for a further period of one year in view of the provisions of D. 1. Rules. As the appellant happened to be an accused in the criminal case the authorities concerned on the bask that the appellant was an accused in a criminal case and was likely to be convicted of the charge of theft, discharged the appellant considering the appellant to be unsuitable by order dated 6-4-1973. The appellant was, however, actually discharged on 19-11-1973. Against this order of discharge the appellant filed a writ petition in the Delhi High Court which was dismissed by the Delhi High Court and the appellant has preferred this appeal with leave granted by this Court. After the dismissal of the writ petition by the Delhi High Court the criminal case against the appellant was finally disposed of and the appellant was acquitted of the charge of theft on 8-11-1976.

(2.) We have heard the learned counsel for the parties. We have also carefully considered the materials which have been placed before us.

(3.) It appears that on an earlier occasion when the appeal came up for hearing the authorities had agreed in Court to delete from the order of discharge the words "unsuitable for retention in Air Force (on disciplinary grounds)" and had further agreed to pay to the appellant Service Gratuity and Death-cum-Retirement Gratuity admissible under pension Regulations of the Air Force, 1961 Part I for the period of qualifying service in the Air Force up to the date of his discharge.