GHISULAL TAILOR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant/writ petitioner was a member of the Indian Air Force. He was on leave on and from May 31, 1983 to July 15, 1983. He overstayed up to June 11, 1984 when he was apprehended and proceeded with in a Court martial proceeding. He was awarded the following punishment :

(2.) He, however, did not have to suffer rigorous punishment for eighteen months as he by that time suffered punishment for twenty four months. He approached this Court at a stage when the final order of punishment wan not confirmed by the appropriate authority.

(3.) It was the case of the appellant that after completion of fifteen years service coupled with the extended period of six years, he expressed his unwillingness to have further extension and prayed for his discharge which was initially withheld by the authority. According to him, since he was unwilling to serve the Force for further extended period the authority was not entitled to force him to serve the Union for further period. It was also his case that he had to overstay because of his ailment. The authority asked him to treat himself to any nearby military hospital and/or government hospital close to his native place where he was overstaying. Since there was no military hospital near to his place of residence, he got himself treated in a government hospital and produced all documents of his treatment before the authority. He initially sent a telegram to the authority for extension of his leave which was denied by the authority. The authority asked him to join immediately which he could not do because of his ailment. It was also the case of the appellant that after recovery when he was proceeding towards his place of work, he was apprehended by a driver of the Force in the nearby railway station where he was waiting in the platform to board the train for New Delhi from where he was supposed to proceed to his place of work at Kalaikunda. He was kept under close arrest at Jodhpur wherefrom he was taken to Kaluikunda. He was kept under arrest for twenty four months and ultimately, he was awarded punishment as recorded above.