UNION OF INDIA Vs. SUDEEP KUMAR MOHANTY

JUDGEMENT

(1.) The respondent was dismissed from service by the appellants in terms of the order dated 16.12.1996, made in exercise of power u/s. 20(3) of the Air Force Act, 1950 (for short "the Act") read with R. 18 of the Air Force Rules, 1969 (for short "the Rules"). The said order has been set aside by the judgement and order of a learned Single Judge of the High Court which was affirmed in letters patent appeal by the impugned judgment.

(2.) The case of the appellants is that in February 1989, the respondent while filling the enrolment form as combatant, in answer to Question 13, falsely stated that no case was pending against him. Our attention has been drawn to the declaration made in the said form that in the event of the statement being found to be incorrect, it could result in dismissal from the Indian Air Force. According to the appellants, they came to know about the false declaration on 22.03.1994 on receipt of the communication of the said date from the Additional District Magistrate, Balasore. Thereafter, a show-cause notice was issued to the respondent and, on consideration of his reply, the order dated 16.12.1996 was made.

(3.) Sec. 44 of the Act postulates that if any person who wilfully gives a false answer, on conviction by court martial, is liable to suffer imprisonment for a term which may extend to five years or such less punishment as mentioned in the Act. The period of limitation for court martial is prescribed in Sec. 121 of the Act to be three years from the date of the offence.