Defence staff can’t quit job at will as it affects preparedness of forces: SC
Holds IAF Man Guilty For Applying For Bank Job Without Telling Authorities
AmitAnand.Choudhary@timesgroup.com
New Delhi:04.07.2019
The Supreme Court on Wednesday said defence force personnel cannot be allowed to quit job at will in the middle of service, saying it will adversely impact operational preparedness of the armed forces and held an airman in IAF guilty of breaking rules by applying for a bank job without informing the authorities.
A bench of Justices D Y Chandrachud and Hemant Gupta rejected the plea of the IAF personnel who contended that the Constitution has given him a fundamental right to practise any profession and his right cannot be infringed upon by Air Force rules.
“A person who has been enrolled as a member of the Air Force does not have an unqualified right to depart from service at his or her will during the term of engagement. Such a construction, as urged on behalf of the appellant, will seriously impinge upon manning levels and operational preparedness of the armed forces. With the rapid advancement of technology, particularly in its application to military operations, there has been a reconfiguration of human and technological requirements of a fighting force. The interests of the service are of paramount importance,” the bench said.
The court passed the order on an appeal filed by Amit Kumar Roy challenging IAF’s decision not to issue ‘No Objection’ certificate to him to join as probationary officer in a bank. He joined the force in 2004 and applied for the bank job in 2010 and appeared for written exam and interview without taking mandatory permission from IAF. After selection for the job, he approached Armed Force Tribunal which directed IAF to issue provisional NOC and subsequently he joined the bank.
In 2012 Air Headquarters cancelled the provisional NOC and he was directed to join the force. after which he approached the apex court.
The court came to the conclusion that there was no illegality in cancellation of NOC as he violated Air Force rules but said that no purpose would be solved to direct him to join the force after eight years and asked him to pay ₹3 lakh to the government within two months for violating the rules.
“No purpose will be served in directing reinduction of the appellant into the IAF save and except to subject him to disciplinary action. Having regard to the facts and circumstances which we have noted above, we are of the view that the ends of justice would be met by directing that a final NOC and discharge be issued to him no later than within a period of three months of the receipt of a copy of this order,” the bench said.
A bench of Justices D Y Chandrachud and Hemant Gupta rejected the plea of the IAF personnel who contended that the Constitution has given him a fundamental right to practise any profession and his right cannot be infringed upon by Air Force rules
Holds IAF Man Guilty For Applying For Bank Job Without Telling Authorities
AmitAnand.Choudhary@timesgroup.com
New Delhi:04.07.2019
The Supreme Court on Wednesday said defence force personnel cannot be allowed to quit job at will in the middle of service, saying it will adversely impact operational preparedness of the armed forces and held an airman in IAF guilty of breaking rules by applying for a bank job without informing the authorities.
A bench of Justices D Y Chandrachud and Hemant Gupta rejected the plea of the IAF personnel who contended that the Constitution has given him a fundamental right to practise any profession and his right cannot be infringed upon by Air Force rules.
“A person who has been enrolled as a member of the Air Force does not have an unqualified right to depart from service at his or her will during the term of engagement. Such a construction, as urged on behalf of the appellant, will seriously impinge upon manning levels and operational preparedness of the armed forces. With the rapid advancement of technology, particularly in its application to military operations, there has been a reconfiguration of human and technological requirements of a fighting force. The interests of the service are of paramount importance,” the bench said.
The court passed the order on an appeal filed by Amit Kumar Roy challenging IAF’s decision not to issue ‘No Objection’ certificate to him to join as probationary officer in a bank. He joined the force in 2004 and applied for the bank job in 2010 and appeared for written exam and interview without taking mandatory permission from IAF. After selection for the job, he approached Armed Force Tribunal which directed IAF to issue provisional NOC and subsequently he joined the bank.
In 2012 Air Headquarters cancelled the provisional NOC and he was directed to join the force. after which he approached the apex court.
The court came to the conclusion that there was no illegality in cancellation of NOC as he violated Air Force rules but said that no purpose would be solved to direct him to join the force after eight years and asked him to pay ₹3 lakh to the government within two months for violating the rules.
“No purpose will be served in directing reinduction of the appellant into the IAF save and except to subject him to disciplinary action. Having regard to the facts and circumstances which we have noted above, we are of the view that the ends of justice would be met by directing that a final NOC and discharge be issued to him no later than within a period of three months of the receipt of a copy of this order,” the bench said.
A bench of Justices D Y Chandrachud and Hemant Gupta rejected the plea of the IAF personnel who contended that the Constitution has given him a fundamental right to practise any profession and his right cannot be infringed upon by Air Force rules
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