SGT ACHARYA A K Vs. INDIAN AIR FORCE

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order passed by the learned Single Judge in W.P. No.6479 of 2001 whereby and whereunder the writ petition filed by the appellant herein was dismissed.

(2.) The petitioner in the aforementioned writ petition questioned the show-cause notice dated 17th March 2001. Learned Counsel appearing on behalf of the appellant raised two contentions before us: (1) Having regard to the opinion formed in paragraph 6 of the impugned notice, it must be held that the authority has already arrived at a finding; (2) In any event, in view of the finding that he is unsuitable for holding the office, Rule 15 of the Air Force Rules, 1969, would apply. In State of U.P. vs. Brahm Datt Sharma the apex Court held that:

(3.) The purported opinion expressed in paragraph 6, in our considered view, must be held to be a tentative one. Such opinion must be read together with the statements made in paragraph 7 thereof. The appellant herein may raise all contentions before the said authority in reply to the said show-cause notice including the contention that the matter comes within the purview of Rule 15 of the Air Force Rules. Having regard to the fact that the purpose of issuance of show-cause notice will be defeated if at this stage we interfere in the matter. We are of the opinion that the learned Single Judge has arrived at a correct conclusion in dismissing the writ petition at this juncture.