PRASHANT SRIVASTAVA FLYING OFFICER Vs. UNION OF INDIA

JUDGEMENT

(1.) Prayer in the present petition, filed under Article 226 of the Constitution of India, is for the issuance of an appropriate writ, order or direction quashing the order dated 12.7.1999 (Annexure P-14), whereby punishment of forfeiture of two years service for the purpose of promotion, increased pay, pension, as also a severe reprimand were imposed upon the petitioner, and the order dated 3.5.2000, whereby the statutory petition, filed by the petitioner, against the aforementioned order, was dismissed.

(2.) As per averments in the petition, on 29.9.1997, the petitioner was posted in 37th Squardron of the Indian Air Force at Nal Air Base in Western Command. On 3.3.1998, a Signalman U.D Garge misbehaved with the wife of Flying Officer (Acting Flt. Lt.) S.Verma. The aforementioned officer complained to the Incharge, Maintenance Section Squadron Leader C.S.Patankar. The said Officer failed to initiate any action. Thereafter, Flying Officer S.Verma filed a complaint on 6.3.1998 to the Commanding Officer (C.O) Wing Commander M.S.Mander. On 6.3.1998, at about 5 pm, when the petitioner was packing his luggage for going to his residence, Flying Lt. S.Verma requested the petitioner to accompany him to the Signals Billet. The petitioner accordingly accompanied Flying Lt. S.Verma to the Signals Billet. Flying Lt. S.Verma asked Signalman (U.D.Garje) to report to his Commanding Officer. U.D.Garje misbehaved, whereupon Flying Lt.S.Verma ordered him to come to attention, to which the Signalman retorted that he should come to attention first. The Signalman refused to obey the orders, issued by Flying Lt. S.Verma. At that instant, the petitioner noticed the Commanding Officer's gypsy (Wg Cdr M.S.Mander's) in front of the billet and informed Flying Lt. S.Verma about the arrival of Wing Commander M.S.Mander. All of them proceeded towards the Commanding Officer's vehicle. The petitioner thereafter left the place but the Commanding Officer, Flying Lt. S.Verma and the Signalmen left in the Commanding Officer's vehicle. Thereafter, the petitioner went to Flying Officer Sandeep Singh's residence where he left his car, as the aforementioned Officer had to go to the Railway Station. The petitioner proceeded to his residence to change his uniform and returned to the residence of Flying Officer Sandeep Singh. Both of them thereafter proceeded to the Railway Station. The petitioner returned to the Camp at 8 pm and attended a party for bachelor officers at the Station Commander's residence.

(3.) It is further averred in the petition that after leaving the billet, the Commanding Officer, Flying Lt. S.Verma, and the Signalman went to the Air Crew Rest Room. The Signalman allegedly made an attempt to flee but some Officers and the Airmen apprehended him and brought him back to the Air Crew Rest Room. Flying Lt. A.N.Menon and Flying Officer I.S.Shahab also arrived. It was apparently decided that the Signalman be taken before Flying Lt. S.Verma's wife, who had alleged that the Signalman had attempted to molest her. However, enroute, Signalman U.D.Garje jumped from the vehicle and received injuries that led to his demise on the next day. The petitioner claims to be unaware of the aforementioned incident.