DILIP KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by an order dated 17th January, 2019, passed by the Air Headquarters, declining his request for issuance of a No Objection Certificate ("NOC") and discharge, the Petitioner, who is a Sergeant in the Indian Air Force ("IAF"), has filed this petition.

(2.) The facts relevant to the present petition are that the Petitioner joined the IAF on 28th June, 2005 as Airman and is at present, serving as a Sergeant. In 2014, an advertisement was issued by the Bihar State Public Service Commission ("BPSC") for filling up Administrative Police and Finance Posts. By a letter dated 15th October, 2014, the Petitioner sought permission from the Competent Authority to apply. That permission was granted to him by the Air Officer Commanding ("AOC") on 16th October, 2014. The Petitioner appeared for the preliminary examination and thereafter, for the main examination conducted by the BSPC. The Petitioner got an intimation to appear for an interview on 13th April, 2018 at Patna. According to the Petitioner, he did not seek any permission at that stage as he was under the bonafide belief that he had already obtained the NOC at the time of applying and that in terms of the policy spelt out in the Air Force Order-4 ("AFO-4") of 2012, the NOC could be obtained even at the stage of submission of documents. In the final result that was declared by the BSPC on 18th August, 2018, the Petitioner was selected for the post of Sub Election Officer ("SEO").

(3.) On 31st August, 2018, the Petitioner filed an application seeking discharge along with the requisite documents. The Petitioner states that the concerned authority wrongly relied upon the amended Air Force Order ("AFO")-33 of 2017, whereas it is AFO-4 of 2012 which should apply. This application was returned on 27th September, 2019 with the observation that the NOC was not found attached with the application. A representation was again made by the Petitioner on 31st October, 2018, followed by another one on 3rd November, 2018, requesting for issuance of the NOC. It is stated that the AOC-49 Wing, AF on 18th December, 2018 recommended the Petitioner's case for issuance of NOC. Subsequently, when an appointment letter was issued on 8 th January, 2019, this too was forwarded to AFRO through a proper channel for grant of discharge on 15th January, 2019.