On 22 June 2012 Air Headquarters cancelled the provisional NOC dated 2 September 2011 and the provisional discharge issued in companypliance with the order of the AFT dated 11 April 2012 numbering that an order of reinstatement in the service of the IAF was issued on 18 June 2012, to take effect from 16 July 2012.
Dr Dhananjaya Y Chandrachud, J Civil Appeal Nos 4605 4606 of 2019 D No 27372/2015 1 These appeals arise from a decision of the Armed Forces Tribunal 1 dated 11 April 2012 together with its order dated 25 May 2012, declining to review the initial decision.
On 2 September 2011 after the rejection of an application for review filed by the Air Force authorities before the AFT and faced with a companytempt petition, Air Headquarters issued a provisional NOC to the appellant permitting him to take up the appointment in a civil post of a General Banking Officer JMG Scale I with the Bank of India.
As per referred letter dated 22 May 2009 the post is equivalent to Group C Govt Post for which an airman belonging to a trade number having critical manning is eligible to apply only on companypletion of 15 years of service.
A discharge order was issued on 20 September 2011 on a provisional basis on the companyditions stipulated by the AFT.
The order of rejection, in so far as is material, is extracted below You had applied for the civil post directly without obtaining prior permission of your Commanding Officer that too before companypletion of mandatory period of seven years of service in the IAF in violation of AFO 14/2008.
This was subject to the companydition that in the event of his OA being dismissed, the appellant 2 IAF 3 NOC 4 OA 1182/2011 would have to give up his appointment and join the IAF within a reasonable period of time failing which he would be liable to action as a deserter absent without leave.
An advertisement was issued by the Bank of India on 7 August 2010 inviting applications for filling up 2,000 posts of Probationary Officers.
4 Since the appellant had number received a clean discharge certificate, his services were terminated by Bank of India on 30 April 2014.
Signature Not Verified Digitally signed by MANISH SETHI Date 2019.07.03 170635 IST Reason 1 AFT 2 The appellant was enrolled on 12 January 2004 as an Airman in the Indian Air Force2.
The pay scale of the civil post applied by you is Rs 14,500 25,700 which is number equivalent to Group A as per Air HQ S 40726/PA RC dated 22 May 2009 read with AFO 14/2008.
5 Civil Appeal D No 38467/2012 You belonged to Air Frame Fitter trade which is having critical manning.
On 16 August 2011, he moved the AFT4 at its Regional Bench in Chandigarh seeking directions for the grant of an NOC and for discharge from the IAF to join a civil post with the Bank of India.
By then he had appeared at the written test held by the Bank on 16 March 2011 and for an interview at which he was declared to be successful.
Hence on 11 April 2012 the OA was dismissed as having become infructuous, though with the observation that the interim order dated 18 August 2011 will have its force.
3 A Civil Appeal5 was filed by the Union of India in this Court to assail the interim order of the AFT.
On 12 March 2012 this Court directed the Air Force authorities to dispose of the application submitted by the appellant on 30 May 2011 for an NOC and discharge.
On 18 August 2011, the AFT issued an interim direction to the IAF authorities to provisionally issue an NOC and to discharge the appellant so as to enable him to take up the new assignment before 24 August 2011.
On 9 April 2012, when his OA came up before the AFT the Air Force authorities had already passed an order rejecting his application.
His application for an NOC and discharge was forwarded to the companypetent authority at Air Headquarters by the Headquarters Maintenance Command on 4 July 2011.
At the time of applying for the said post, your trade was having critical manning, also you had number companypleted 15 or 18 years of service which is mandatory for applying for Group C Govt posts and equivalent posts in PSUs.
He was protected by an interim order dated 15 June 2012, against being treated as a deserter.
Challenging his termination, the appellant moved writ proceedings 7 in which by an order dated 17 September 2014, the termination was stayed.
This was according to the Air Force authorities in breach of the provisions of Air Force Order 14/2008 which was then in force.
On companypletion of 18 years of service, one can apply for any post, irrespective of critical manning in respective trade, provided he had rendered unwillingness denied extension of service.
On 2 June 2012, the appellant filed writ proceedings 6 before the High Court of Punjab and Haryana.
The appellant was called upon to join duties at his last unit, Three Base Repair Depot, failing which it was stated that he would be liable to disciplinary action.
While posted at the Three Base Repair Depot, the appellant responded to the advertisement and applied for the post of General Banking Officer in the pay scale of Rs 14,500 25,700 in August 2010.
His regular engagement was to companye to an end on 11 January, 2024.
On 28 July 2011, the appellant received an order of appointment as a Probationary Officer with the Bank.
The appellants review application was dismissed on 25 May 2012.
The application was rejected on 26 March 2012.
Moreover, he did number obtain the prior permission of his unit authorities.
The appellant applied for the issuance of a No Objection Certificate 3 and a Discharge on 30 May 2011.
The appellant joined Bank of India on 24 September 2011.
The appellant did so without companypleting the mandatory period of service of seven years.
In the review order, the AFT declined permission to the appellant to amend the OA.
Both the above acts amount to indiscipline.
