K.K. KERPAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This writ application is at the instance of a Squadron Leader of the Indian Air Force and is directed against an order of imposition of penalty of forfeiture of 3 years' service for the purpose of increased pay and pension, passed on rejection of his application under Sec. 161(2) of the Air Force Act, 1950. The writ Petitioner was charged with commission of an offence under Sec. 41(2) of the Air Force Act, namely, disobeying lawful command given by his superior officer. The relevant part of the charge -sheet on the basis of which the Petitioner was ultimately tried by the Court Martial and awarded punishment in the aforesaid manner read as follows:

(2.) It is required to be noted at this stage that on identical charge an earlier Court Martial was held and had to be dissolved because it was found that the Respondent No. 3 had, before compliance with Rule 24 of the Air Force Rules, prejudged the issue and the instant Court Martial was thereafter constituted to proceed in pursuance of the same charge.

(3.) The Court Martial found the officer guilty of the charge and passed a sentence of forfeiture of two years past service for the purpose of promotion and for the purpose of increased pay and pension, subject to confirmation. The operative period of the said sentence, on revision, was enhanced to three years in place of two years.