NC E RAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. With the consent of Counsel for the parties the petition is taken up for final hearing.

(2.) This writ petition challenges the discharge of the petitioner from service upon incurring 4th red entry for repeated overstay after the petitioner's leave expired on 2.4.2002. The relevant policy for a habitual offender on consideration for discharge under Rule 15 (2) (g) (ii) of the Air Force Rules, 1969 reads as follows: (a) Total number of punishment entires six and above (including red and black ink entires). (b) Four red ink punishment entires. (c) Four punishment entires (red and black ink entires) incurred for repeated commission of any one specific type of offence such as disobedience insubordination, absence without leave, breaking out of camp, offences involving alcohol, mess indiscipline, use of threatening and abusive language.

(3.) The petitioner, on having been incurred three punishment entires, was duly warned in writing by his Commanding Officer on 20.2.2002 to desist from further acts of indiscipline as any additional punishment entry would entail his discharge from service under the habitual offenders policy.