TaxTMI 
TaxTMI 
2024 (10) TMI 1819
X X X X Extracts X X X X
X X X X Extracts X X X X
....r Force where he commenced work from 16.11.2009. The incident in question occurred on 17.05.2010, at about 14.20 hrs when he was returning home from duty. On his way back, he had to stop at a railway crossing in a civil area which was closed. The gate was closed due to transit of a train. The allegation against the appellant is that, instead of waiting behind the vehicles already in line at the railway crossing, he overtook all the vehicles, went straight ahead and parked his motorcycle in front of the railway gate. 2.2 Respondent No. 7 a Sqn Ldr (Squadron Leader) who was also waiting for the railway barrier to open, approached the appellant and in 'exercise of the responsibility' conferred on officers of the Air Forces under Para 565 of the Regulations questioned the appellant for overtaking all vehicles, pulled out the motorcycle keys and directed the him to park his motorcycle in Guard Room. The respondent no. 7 handed over the keys to Duty NCO and informed the appellant that his motorcycle is being confiscated for not following good order and Air Force discipline. This led to an argument between the appellant and respondent No. 7 wherein the appellant allegedly used insub....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ice documents. The order reads as follows: "Tel: AFNET/7742 333TRU, AF C/0 56 APO PIN-937333 24 Jun 10 333 TRU/C 951/2/P1 742490-K Cpl SP Pandey Rad Fit EXPUNGEMENTT OF PUNISHMENT 1. Reference is made to 5 FBSU, AF letter No 5FBSU/C 102/1/P1 dated 23 Jun 10. 2. It is intimated that the punishment awarded to you by the undersigned on 18 May 10 in connection with the charge sheet raised by Sqn Ldr HV Pandey ((27441) F (P) of 4 Sqn has been expunged under rule 33 (1) of the Regulation of the Air Force. The punishment entry has been deleted from the conduct sheet of your service documents. 3. This is for your information. Sd/- zz (R Putatunda) Fit Lt CO" 4. This litigation would not have survived if the above referred letter had been given effect to. That didn't happen. Wg Cdr V.K. Mohan proceeded de novo against the same charge and ordered for recording of Summary of Evidence on 30.06.2010. The appellant preferred a representation to the Air Officer Commanding-in-Chief with the prayer to stay operation of order dated 30.06.2010 for recording of Summary of Evidence and proh....
X X X X Extracts X X X X
X X X X Extracts X X X X
....orcycle; confiscated the motorcycle on the ground that the petitioner violated traffic rules and general road discipline, ordered the petitioner to report to the guard room and took the applicant in custody. It was on his orders the petitioner was locked in a cell. The strict action taken by Sqn Ldr H.V. Pandey in a public place over a trivial issue cannot at the same time be appreciated. Even if in the opinion of Sqn Ldr H.V. Pandey the petitioner had committed some wrong in public place, the circumstances of the case required him to have advised the petitioner to mend his ways in future keeping in view the high discipline and dignity of the Air Force. But the manner in which the whole incident was highlighted in full public gaze, and consequent action taken by him, permitting a trivial happening to escalate out of proportion, cannot be appreciated. An offence is an officer and his behaviour should also be officer-like. His behaviour has to set up an example. The incident could have been handled by the officer more appropriately. 13. From the record, it is revealed that the petitioner was assured in writing on two occasions that the punishment entry will be expunged. Desp....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... rejected the prayer for compensation, the present appeal filed by the appellant. We have gone through the material on record, findings of the Tribunal and noted the submissions of Ms. Vanshaja Shukla, counsel for the appellant and by Mr. R. Bala, senior counsel for the respondents. 7. The initial service of the appellant for 14 long years, from its commencement in 1997 to 2011 was unblemished. This is an admitted fact. From the unfortunate incident on 17.05.2010, the appellant's life was embroiled in defending in the disciplinary proceedings and contesting the case before the Tribunal. The disproportionate measure adopted by the respondents, the assurance of expunging the admonition, withdrawal of the same and then the retrial, leading to imposition of the punishment caused great amount of distress. 8. The findings of the Tribunal are categorical. It found that the matter was escalated beyond proportion and there is also an element of vindictiveness in the action taken against the appellant. More than anything, the lone battle of the appellant against the unfair and arbitrary treatment meted out to him, we think is the cause and reason for the indignation. The institution di....