NDLI: Amit Kumar Roy Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Right to depart from service enrolled as a member of Air Force Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law: Right to depart from service – Of person enrolled as a member of Air Force – Held: A person who has been enrolled as a member of Air Force does not have an unqualified right u/Art. 19(1)(g) of the Constitution to depart from service at his/her own will during the term of engagement – The interest of service are of paramount importance – A balance needs to be drawn between the interest of service and requests of enrolled persons to take civilian employment – Such balance is reflected in Air Force Orders – In the present case there was failure on part of the appellant to comply with his obligations in terms of his engagement as an enrolled member of the force and also in relation to the requirements which were to be fulfilled under the terms of Air Force Order viz. AFO 14/2008 – However, in the facts of the case no purpose will be served in directing reinstatement of the appellant – Interest of justice would be met by directing issue of NOC and discharge order subject to the appellant depositing with Union of India a sum of Rs. 3 lakhs – Constitution of India – Art. 19(1)(g) – Air force Order 14/2008.The appellant, who was enrolled as an Airman in the Air force, applied for and appeared in written test and interview for appointment to a civil post in a Bank. This was done without completing the mandatory period of service of seven years and without obtaining prior permission from the competent authorities. Thereafter he applied for an NOC from competent authorities of the Air Force. In the meantime he received order of appointment from the Bank. The appellant, then moved Air Force Tribunal seeking direction for grant of NOC and for discharge from Air Force to join the civil post. The Tribunal by interim order directed to authorities to issue provisional NOC and to discharge the appellant. Appellant joined the Bank after receiving provisional NOC and provisional discharge order. Subsequently the application seeking grant of NOC was dismissed by the authorities. Ultimately the application filed before the Tribunal was also dismissed as infructuous. The authorities further also cancelled the provisional NOC and provisional discharge. Consequently in absence of NOC and discharge, the services of the appellant in the Bank were terminated. Hence the present appeals challenging the orders of the Tribunal.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 720
Petitioner	Amit Kumar Roy
Respondent	Union Of India & Ors.
SCR	[2019] 9 S.C.R. 885
Judgement Date	2019-07-03
Case Number	4605

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