NARENDRA MOHAN MISHRA Vs. CHIEF OF AIR STAFF

JUDGEMENT

(1.) The petitioner was recruited to the post of Sgt. as an Education Instructor in Group II in 1995. On 8/1/1998, the petitioner applied for discharge from service on compassionate ground as per the policy of the respondent dated 25/1/1995. It is the case of the petitioner that discharge application of the petitioner was dismissed by his adjutant Sqn.Ldr. P. Karam Chandran without any reason and same was not forwarded to the concerned high authorities. Even the interview which was sought by the petitioner with the station commander was not granted to him. Mr.Kaushik, learned counsel for the petitioner has contended that in a retaliatory measure to the interview application to the station commander, a show cause notice dated 24/2/1998 was issued to the petitioner.

(2.) On 9/3/1998, the petitioner gave reply to the show cause notice giving his unwillingness to get himself attested on account of family problems. The petitioner was issued with the dismissal order dated 25/6/1998. The petitioner has contended that the respondent cannot deny discharge as the same was sought by the petitioner in terms of the policy of the respondent. It has been contended by Mr.Kaushik that the petitioner was claiming the right within the framework of Regulation 64 and policy of the respondent. He has further contended that filing of the statutory complaint application for interview with station commander was as per Section 26 of the Air Force Act, 1950 and the respondent cannot take retaliatory action by dismissing the petitioner. He has further contended that the petitioner's dismissal from the service amounts to punishment.

(3.) On the other hand, Dr.Ranjana Kaul, learned counsel for the respondents has vehemently contended that the petitioner has never applied for discharge from service on compassionate ground. The petitioner was dismissed from service for refusing to be attested in Indian Air Force. She has contended that dismissal of the petitioner is in accordance with the Air Force Policy laid down in AFO 227/77. It will be pertinent to reproduce para 4 of AFO 227/77 :