PREM KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) IN this petition, the petitioner has impugned the dismissal order dated June 06, 2008 which was confirmed by Chief of Air Staff. as well the order dated May 16, 2012 by AFT, Principal Bench, New Delhi whereby OA No. 227 of 2010 filed by the petitioner was dismissed.

(2.) THE petitioner was enrolled as Airman in Indian Air Force on July 23, 1990 and was later on promoted to the rank of Sergeant. The petitioner was issued show cause notice dated March 31, 2008 based on the complaints made by Sh.Suresh Yadav regarding missing of his daughter Ms.Arpana since January 15, 2008 to Police Station Sangam Vihar (DD No. 19 -B dated January 16, 2008) as well to Air Force Authorities. Ms.Arpana was later on found to have reached Patna at the house of her sister which fact was duly informed by Sh.Suresh Yadav to the concerned Police Station as well to Air Force Authorities. On February 11, 2008 Sh.Suresh Yadav alongwith his daughters visited the unit where Ms.Arpana submitted a written complaint against the petitioner for being sexually exploited by him by making a false promise to marry her. The complaints were investigated and it was revealed that on January 15, 2008 the petitioner had taken away Ms.Arpana from her house without the knowledge of her family and took her to the residence of his younger brother LAC Sujeet at AF Stn. Bakshi Ka Talab and engaged in sexual intercourse with her on almost every day.

(3.) IN the reply to show cause notice, the petitioner denied all the accusations against him claiming that the same has been conspired against him by the provost staff at the instance of Warrant Officer K.S. Upadhyay and the complaint by Sh.Suresh Yadav against the petitioner was also under the advice of WO Upadhyay. Apart from that, the petitioner also claimed that Ms.Arpana, daughter of the complainant had gone to the house of her sister residing at Patna, Bihar. This fact was informed to Police Station Sangam Vihar and the matter was closed. He also accused WO Upadhyay to be the person instigating Ms.Arpana and her father to make complaint against the petitioner otherwise had there been any truth in the complaint, Ms.Arpana would have reported the matter to the civil police. Explaining the circumstances that old and infirm parents were dependent upon him and that a conspiracy has been hatched against him by WO Upadhyay in collusion with wicked and greedy family of Sh.Suresh Yadav and his unblemished record of almost 18 years with India Air Force, the petitioner requested that show cause notice dated March 31, 2008 be withdrawn.