SERGEANT JENA JK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a Sergeant in the Indian Air Force. In the year 2001, he was posted at New Delhi. It is his case that for the past 25 years of his service, he has been never posted at his home zone and it was on his request that he was posted at Navigation Training School at Hyderabad with effect from 26-3-2001. Through a Signal dated 29-5-2003, he has been posted to Air Force Station at Rajasthan. The petitioner challenges the same as being the punitive transfer.

(2.) The petitioner contends that he has been tried by the District Court Martial on 26-11-2002 on the charge of improper possession of defence liquor bottles. As a consequence of the same, he was sentenced to forego two years past service for the purpose of promotion and was severely reprimanded. The finding as well as the sentences were confirmed by the 3rd respondent, through his orders dated 25-4-2003. The petitioner contends that the present transfer is on the basis of the outcome of the Court martial and the same amounts to double punishment.

(3.) Sri C.M.R. Velu, learned counsel for the petitioner, submits that according to the Posting Policy for Airmen issued by the Air Headquarters, through proceedings dated 30-6-2003, the ordinary period of stay of an Airman at a Normal Station is five years, Limited Area Station is 3 years, Hard Area Station is 2 years and ALG is 1 year. He submits that the present Navigation Training School, at Hyderabad, being a Normal Station, the petitioner ought to have been continued for 5 years and there does not exist any justification for transferring him within 2 years. According to him, the present transfer amounts to enhancement of the punishment imposed against him on Court Martial and the same is outside the scope of powers of the 3rd respondent.