EX Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was tried by a General Court Martial. He was awarded the punishment of reduction in rank and detention for three months. The Confirming Authority ordered his dismissal from Service. The petitioner submits that the Confirming Authority could not have awarded the severe punishment of dismissal from service. The respondents claim that the punishment of dismissal is lesser than that of reduction in rank and detention for three months. Is it so ?

(2.) A few facts may be noticed. The petitioner was enrolled in the trade of clerks (General Duties) in the Indian Air Force on Feb. 18, 1965. He was posted as leading Aircraftsman on Feb. 1, 1968. The petitioner was promoted to the rank of Corporal on Feb. 18, 1970 and that of Sergeant on August 1, 1980. The petitioner was promoted to the rank of Junior Warrant Officer on April 1, 1985. During the period of more than 20 years of service, the petitioner had a totally blotless record till July, 1985. The petitioner avers that on account of family circumstances, he suffered some mental sickness as a result of which he remained absent from duty for different intervals of time. He was tried by General Court Martial on Aug. 21, 1986 for eight charges of absence from duty. The petitioner pleaded guilty. General Court Martial awarded the following sentences :

(3.) A written statement has been filed on behalf of the respondents. A preliminary objection has been raised regarding the maintainability of the petition filed in this Court. It has been averred that the petitioner had to approach the Central Administrative Tribunal and the writ petition was not competent. On merits, it has been, inter alia, averred as under:-