The challenge was to the direction issued to the Appellant to shave off his beard on 20 September 2005 on the ground that it was companytrary to Regulation 425 b of the Regulations governing the Indian Air Force and to the policy letters of 8 May 1980 and 10 August 1982.
2 On 17 September 2005 the Appellant filed a writ petition before the Punjab Haryana High Court in which by an interim order dated 20 September 2005 a Single Judge stayed the operation of the Air Force order dated 5 September 2005.
By a companymunication dated 26 August 2005 HQ MC Nagpur, informed 3 BRD, AF that under the current policy of the Air Force Area HQ C 23406/24/PS dated 24 February 2003 and 9 July 2003 an Airman was number permitted to have a beard on religious grounds.
The Appellant was eventually discharged from service under Rule 15 2 g ii of the Air Force Rules 1969 on 1 September 1997.
On 10 January 2005, the Appellant submitted an application seeking permission to keep a beard on religious grounds, since he is a Muslim.
The Air Officer Commanding rejected the application on 1 February 2005 and the Appellant was informed on 9 February 2005 of the rejection, which was on the ground of the Air Headquarters Policy dated 24 February 2003.
A Special Leave Petition was filed before this Court which was disposed of on 28 September 2007 with a request to the High Court to dispose of the petition expeditiously.
The Air Officer Commanding, however, addressed a companymunication dated 23 June 2005 to the Headquarters Maintenance Command seeking a clarification on the legal issues raised by the Appellant.
The Appellant was instructed to shave off his beard and to report at 0700 hrs on 2 August 2005, failing which it was stated that severe disciplinary action would be initiated against him.
The Air force authorities moved the High Court for vacating the interim stay but the application was dismissed on 9 February 2006.
On 1 August 2005 he was informed by Wing Commander that companytrary to Air Force Regulations, he was found to have a beard while in service uniform.
By an order of the High Court dated 14 July 2008 the writ petition was dismissed.
A Letters Patent Appeal was dismissed by the High Court on 31 July 2008.
On receipt of this letter, the Appellant was directed to shave off his beard and informed that the provisional permission granted to him on 3 August 2005 was withdrawn.
He was granted an interview with him on 10 June 2005, when he was informed of the necessity to maintain uniformity amongst Air Force personnel because of which his request had been rejected.
On 22 March 2005 the Appellant submitted another application to the Air Officer Commanding seeking reconsideration of the earlier decision.
When he returned on 1 August 2005, he was found to sport a beard.
Since in the meantime a clarification had been sought from HQ MC, he was permitted to grow a beard on a provisional basis until his earlier application was finalised.
On 1 September 2004 he was posted to 3 Base Repair Depot at Chandigarh.
In the meantime on 20 June 2005 the Appellant proceeded on annual leave.
Even prior to the institution of the writ petition, the Appellant had been discharged from service.
After enrolment he was sent for training and was assigned the trade of Workshop Fitter B .
Dr D Y CHANDRACHUD, J CIVIL APPEAL No.
In reply to the numberice, the Appellant asserted his right to retain a beard.
The Appellant declined to shave off his beard.
