JITENDRA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition by a Sergeant in the Indian Air Force is directed against the order of his discharge dated 28.05.2010, a copy of which is produced as Annexure -R4. The speaking order dated 21.05.2010 i.e., the reasons for the order for discharge is produced as Annexure -R3.

(2.) I have heard the learned counsel appearing for the parties and perused the aforesaid orders at Annexures -R3 and R4. The petitioner was appointed as Air Craftsman in the year 1994, thereafter promoted as Corporal in the year 1999 and thereafter as Sergeant in the year 2008. By the impugned order dated 28.05.2010 at Annexure -R4, the petitioner is discharged from air force under Rule 15 (2) (g)(ii) of Chapter -III of the Air Force Rules, 1969 ('the rules' for short) on the ground that he is a 'habitual offender' and hence is 'unsuitable for retention in the air force'. He has been discharged under the Habitual Offenders Policy (Annexure -R2) framed under Rule 15 (2)(g)(ii) of the rules. It is relevant to refer to para -5 of the said policy which reads as follows:

(3.) IN the present case, it is not in dispute that the petitioner, at the time of the impugned order, had six punishment entries (five Red Ink and one Black Ink entries). In the light of the above Habitual Offenders policy, it cannot be disputed that the petitioner became a habitual offender and therefore became liable to be considered for discharge after issuing a show cause notice. It is stated that the petitioner had remained unauthorizedly absent for about 23 days, 20 days and 6 days on three occasions. Six days' unauthorized absence was in the year 2009, and relates to the last red ink entry he got. In view of the six punishment entries he got, the petitioner was discharged from service under Rule 15 (2)(g)(ii) of the rules referred to above.