JEEVAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) these writ appeals, w.a. nos. 78/1992,141/1992 and 152/1992, are preferred under Section 4 of the Karnataka High Court Act, 1961, by the petitioners respectively in the writ petitions, W.P. nos, 20048/1989, 12320/1990 and 5850/1990, questioning the correctness of the common order dated 3-1-1992 of a learned single judge of this court dismissing their writ petitions.

(2.) as the learned single judge, by his common order under appeals, had refused to interfere with the orders of discharge of airmen, who were subject to Air force Act, 1950 (for short 'the act'), we were, to begin with, rather disinclined to enterts in these appeals being of the view that disciplinary action taken by Air force officers respecting their airmen in the strategic and sensitive area of the defence Air force was not rightly interfered with, in exercise of this court's discretionary writ jurisdiction. However, as we later found that the orders of airmen impugned in the writ petitions had not been made conforming to the requirements of the act and the Air force rules, 1969 (for short 'the rules'), we felt it necessary to hear the appeals on merits. Having thus heard learned counsel appearing on both sides, we are disposing of the appeals on their merits, by this common judgment.

(3.) the sustainability or otherwise of the discharge orders impugned in the writ petitions being the ultimate matter requiring our decision in these appeals, it would be convenient to set out here itself the circumstances and the manner in which the discharge order impugned in each writ petition has come to be made, as disclosed from the disciplinary files relating to such discharge orders, made available for our perusal.