SUJIT KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved by the order dated 2nd June, 1999, contained in Annexure -1, whereby and whereunder he has been communicated with the order of discharge from service under the provisions of AF Rules 1969 and has been advised to report to Unit immediately to fill up the discharge papers to facilitate in finalising the NE benefits.

(2.) IN short, the relevant facts are that the petitioner was initially appointed as Ground Training Instructor in the Indian Air Force and was enrolled on 26.10.1990. It is admitted that on account of being plied with free liquor, one or two act of indiscretion occurred by him under the influence of liquor for which he was appropriately punished. However, he claims that he mended his ways and continued to serve the Air Force with sincerity and obedience and no adverse entry of any kind was made against him between 1994 to 1998. It is stated that in latter part of 1997, the petitioner started facing mental problem and depression etc. and while he had come on leave, he got himself examined by Psychiatrist. He continued with the medical treatment. He also complained about his illness. His condition deteriorated on account of lack of medical aid. He was not fully capable to understand the things and sometimes used to forget to attend his duties. However, vide impugned order he was required to report for the purpose of his discharge within 14 days, and pursuant to the said letter he reported for duties, but in view of the order of discharge he was not allowed to join his duties. It is alleged that if at all they thought that the petitioner was not fit to be retained in service on account of his fluctuating mental condition he at least should have been given medical teatment with consequential benefits. According to the case of the petitioner, the order of discharge and the proceedings were arbitrary and nonest in the eyes of law being in gross violation of the principles of natural justice.

(3.) WITH respect to violation of principles of natural justice, it is stated that the charges levelled on the petitioner were fully investigated and the petitioner was given full opportunity to defend himself and when the petitioner was found guilty he was awarded with punishment. With respect to disability pension, it is stated that para 153 of the Pension Regulations for the Air Force, 1961 (Part -