NDLI: Union of India Through Its Secretary, Ministry of Defence Dhqpo New Delhi & Ors. Vs. Wg. Cdr. Subrata Das (19942-h)

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Permissibility Premature Separation from Service (PSS) Withdrawal Application for Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Air Force Act, 1950 (45 of 1950)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law: Premature Separation from Service (PSS) – Application for – Withdrawal – Permissibility – Request by appellants (four officers) for PSS was allowed – They underwent pre-release course – Application for withdrawal of PSS rejected – Challenged the rejection order in Armed Forces Tribunal – Three officers succeeded before the Tribunal while one officer was not successful – Two of the officers were taken back in service pursuant to the order of Tribunal and order of the Tribunal in respect of one officer was stayed – On appeal, Held: As a member of Armed Force, those who are subject to the provisions Air Force Act, 1950 are governed by the rigour and discipline of the Force – The tenure of service of every person subject to the Act is during the pleasure of the President – Matters of retirement, release or discharge are governed by the Rules – The Human Resource Policy (under which PSS was sought) is formulated in pursuance of the powers delegated to the Air Headquarters by the Ministry of Defence – Para 18 of the policy conditions that the withdrawal of an approved PSS can be permitted only as an exception and under “extreme compassionate grounds” – Withdrawal of PSS is not unilateral and is subject to permission – Thus the right to withdraw a request for PSS from an armed force is not absolute or unconditional – On facts, the decision rejecting the application for withdrawal from PSS was bona fide and correct – However, in exercise of power u/Art. 142 it is directed that the service of two officers who were taken back in service shall not be affected by the present judgment – Air Force Act, 1950 – s. 2(a) to (d) – Air Force Rule, 1969 – r. 13 – Constitution of India – Arts. 33 and 142.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 103
Petitioner	Union Of India Through Its Secretary, Ministry Of Defence Dhqpo New Delhi & Ors.
Respondent	Wg. Cdr. Subrata Das (19942-h)
SCR	[2019] 1 S.C.R. 1035
Judgement Date	2019-01-29
Case Number	10953

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Union of India Through Its Secretary, Ministry of Defence Dhqpo New Delhi & Ors. Vs. Wg. Cdr. Subrata Das (19942-h)

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