AMIT KUMAR ROY versus UNION OF INDIA & ORS.

Citation: [2019] 9 S.C.R. 885 · Decided: 03-07-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

Judgment (excerpt)

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AMIT KUMAR ROY
v.
UNION OF INDIA & ORS.
(Civil Appeal Nos. 4605-4606 of  2019)
JULY 03, 2019
[DR. DHANANJAYA Y. CHANDRACHUD AND
HEMANT GUPTA, JJ.]
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
[2019]  9 S.C.R. 885
    885
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SUPREME COURT REPORTS
[2019] 9 S.C.R.
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.
Disposing of the appeals, the Court
HELD:  1. The Air Force Act 1950 imposes restrictions on
the fundamental rights of the members of the Indian Air Force
with a view to ensure ‘proper discharge of duties and the
maintenance of discipline among them’. [Para 9] [895-B-C]
2. AFO 14/2008 held the field at the material time and
governs the facts of the present case. Under the terms of the
AFO, a requirement of completing seven years of service from
the date of enrolment has been mandated for permission to be
granted to apply for a civil post under the Central or State
Governments or Public Sector Undertakings, including
paramilitary forces.  AFO 14/2008 stipulates that a Category I
individual with a length of service of seven years may apply for
civilian employment in a Group A or equivalent post carrying the
stipulated pay scale as revised from time to time.  Applications
have to be forwarded to the prospective employer by the units,
after verification of eligibility including the criticality of manpower.
Where the Airman belongs to a critical trade, the application shall
be rejected at the unit level. Where online applications have been
invited the station or, as the case may be, unit commanders are
required to ensure fulfilment of the conditions of eligibility
specified in paragraph 1 to 3.  Permission is required from the
station/unit commanders to submit an on-line application for a
civil post.  NOCs (other than those in Category III) are to be
issued by Air HQs on a case to case basis having regard to the
exigencies of service. [Para 13] [902-F-H; 903-A-B]
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3. In the present case, the appellant in breach of the
provisions contained in AFO 14/2008 applied for the post of a
Probationary Officer with the Bank of India, participated in the
written test and appeared at the interview without intimation or
approval. There was, therefore, a failu

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