SATYVIR MET ASSTT Vs. CHIEF OF AIR STAFF

JUDGEMENT

(1.) Mr. S.M. Dalai, Amicus Curiae is discharged from appearing in this matter as Mr. Narender Kaushik, Advocate states that he is the Counsel engaged by the petitioner. Petitioner who is present in Court also states that he would like the matter to be argued by Mr. Narender Kaushik.

(2.) Rule D.B. The petitioner has filed this writ petition inter alia praying to quash the charge sheet dated 16th July, 1996 and 31st December, 1996 and subsequent proceedings taken against the petitioner. This Court on 25th September, 2003 noted that the petitioner was enrolled in Air Force as Met. Assistant on 26th March, 1984 and thereafter he was placed in low medical category. On 16th July, 1996, he was alleged to have reported late on duty for which he was charged. He filed his redress of grievances which was rejected. However, it was contended by the petitioner that he was given excuse duty on this day. In support of his submission, he has filed Annexure VII (at page 30) which is a photocopy of the certificate of excuse duty by the Wing Commander Gurbir Singh, Medical Officer. However, the petitioner was given a show cause notice dated 21st November, 1996 which he replied. Thereafter, it is the case of the petitioner that he was granted leave from 9th December, 1996 to 15th December, 1996 but was charged with two charges for joining the duty late. He was awarded severe reprimand by the order dated 31st December, 1996. The petitioner has challenged these two punishments and also sought a direction to the respondent to discharge him from service with disability,

(3.) It was contended on behalf of the petitioner that the punishments were awarded in total disregard of the procedural safeguards provided under Rule 24 of the Air Force Rules and, therefore, the same were unsustainable. It was further contended that if these two punishments were excluded form consideration, the petitioner could not have been discharged under the policy related to discharge of habitual offenders.