AVIMAYU PANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was dismissed from service on the 21st of August, 1995 by the competent authority. He preferred an appeal. That was dismissed and conveyed to the petitioner on the 12th of January, 1996. The petitioner has filed the writ petition challenging the order of dismissal.

(2.) . The petitioner was enrolled in the Indian Air Force as a Combatant Member on the 29th of October, 1979. After 16 years of service, he was promoted to the rank of Sergeant. On the 5th of July, 1993, the petitioner was posted in 810 Signal Unit, Air Force, where he was to perform the duties of a Laboratory Assistant in the Medical Laboratory since he had undergone specialised training from Command Hospital Bangalore. On the 27th of April, 1995, the Commanding Officer issued a chargesheet under Section 354 of the Indian Penal Code read with Section 71 of the Air Force Act, 1950. The allegation is that the petitioner committed an act of outraging the modesty of one girl who came for medical checkup. It is not necessary to set out the nature of the charges against the petitioner.

(3.) A summary of evidence was directed to be recorded. By letter dated the 9th of May, 1995, the petitioner was informed that his case had been referred to the competent authority for the purpose of convening a District Court Martial. The letter dated the 9th of May, 1995 reads as under:-