OM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of the present writ petition, the petitioner has assailed the order dated 27th April, 2012 passed by the Armed Forces Tribunal, Principal Bench, New Delhi rejecting the petitioners challenge to the order dated 30th April, 2003 passed by the Chief of the Air Staff on the basis of general court martial revising its findings and the order dated 6th May, 2003 passed by the confirming authority and the order of rejection of the petitioners appeal filed under Section 161(2) of the Air Force Act.

(2.) TO the extent necessary, the relevant facts are noted hereafter. The petitioner was recruited as Airman in the Trade of Air Frame Fitter in the year 1981. He stood promoted in 1986 to the rank of Corporal; in August, 1991 to the rank of Sergeant and on 1st December, 2012 as a Junior Warrant Officer. The petitioner claimed that he was so promoted after passing the requisite examinations and was also awarded three good conduct badges after four years of service. On the 16th June, 2001, the petitioner was posted on the

(3.) FEBRUARY , 2002 in which one Naik J.D. Kale and AC Ambedkar were apprehended by Sergeant Kumar at 1740 hours in unauthorized possession of 21 bottles of liquor. On enquiry, Ex- Naik J.D. Kale revealed that he had purchased the same illegally from the petitioner. On 6th February, 2002, a warrant of search was issued by the competent authority and the items were seized. An inquiry was conducted into the matter by the Squadron Leader S. Baizel. The petitioner was chargesheeted on 1st October, 2002 as well as tried under Rule 24 of the Rules framed under Air Force Rule, 1969.