UNION OF INDIA Vs. EX LAC IND RAJ

JUDGEMENT

(1.) Scaling of punishments and the manner of their award is the question of law required to be settled in this appeal. The punishments have been directed to be inflicted according to the scales detailed in Section 73 of the Air Force Act, 1950 (for short the 'Act').

(2.) The facts required to be noticed to answer the question of law posed before us are that the respondent-writ petitioner was tried by the Court Martial held at No. 7 Wing Air Force on 21.8.1986 for eight charges under Section 39(a) of the Act. The charges were detailed in Annexure P/3 to which the writ petitioner pleaded guilty.

(3.) The action was justified by the appellant on the ground that all the provisions of law as contained in the Act or the Rules made thereunder had fully been complied with. The mercy petition is stated to have been duly considered by the confirming authority before passing the order. It was submitted that the confirming authority awarded the lower punishment to the writ petitioner. The punishment of detention was stated to be higher than dismissal service in the scales of punishment set in Section 73 of the Act. As the sentence was commuted from punishment of three months' detention to dismissal from the service, the petitioner could not have any grievance. It is, however, submitted that the petitioner could have continued in service if the punishment was not commuted by the confirming authority.