Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Air Force Officer Service Law: Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Misconduct - Air Force Officer - Belated filing of property return - Held: Amounts to misconduct - c Order of compulsory retirement upheld -Air Force Act, 1950 - s.19 -Air Force Rules, 1969 - r.15.Judicial review: Quantum of punishment - Scope of interference. Words and phrases: Misconduct - Meaning of. Appellant was officer in Air Force. A notice was issued on him to show cause as to why he should not be dismissed or removed from service. Appellant did not E receive necessary documents and was even not allowed inspection. He filed writ petition before High Court which was dismissed. Thereafter terms of reference were received by him and he also got copy of findings of Court of Enquiry. Thereafter he submitted his reply to show cause notice pointing out that there was no misconduct warranting any action from respondents and the failure to submit the property returns within time was not a misconduct serious enough to warrant such gr.ave punishment. Appellant was compulsorily retired. Challenging the order of compulsory retirement the writ petition was filed. It was his stand that the court of enquiry exonerated him on all counts except late filing of property returns. The stand of the respondent before High Court was that the transactions were between 1981 to 1986 and the return was belatedly filed after about six years on 23.3.1992 therefore the conduct was most unbecoming of an officer of the Air Force. The High Court accepted the stand of the respondent and dismissed the petition. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 319 |
Petitioner | Praveen Bhatia |
Respondent | Union Of India & Ors. |
SCR | [2009] 3 S.C.R. 1181 |
Judgement Date | 2009-03-05 |
Case Number | 1536 |
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