EX. SQN. LDR. R. Sood Vs Union of India & Ors. (Supreme Court of India)
Supreme Court held that initiation of administrative proceedings for disciplinary action against air force pilot not justifiable since criminal court already discharged the officer on the same charges. Also held that discharge is at a higher pedestal than an acquittal.
Facts- Appellant is a septuagenarian by now. He happened to be an Indian Air Force personnel, prior to his dismissal more than three decades back by the Central Government. Power under Section 19 of the Air Force Act, 1950 read with Rule 16 of the Air Force Rules, 1969 was exercised by the Government owing to the appellant having used criminal force against a junior officer and leaving him in a desolate place in the night, from where his mortal remains were later found.
A Single Judge of the High Court of Delhi set aside the dismissal on the ground that the administrative act of dismissal was barred by the three-year limitation period, envisaged in Section 121 of the AF Act. However, while hearing an intra-court appeal preferred by the Government and its officers, vide the impugned judgment and order dated 11th January, 2008, a Division Bench reversed the judgment and order of the Single Judge under challenge holding that the bar of limitation did not apply. Also, upon perusal of the case records, the Division Bench noted additional grounds in support of such dismissal (to be discussed at a later part of this judgment). Consequently, the order of dismissal was restored, giving rise to Civil Appeal.
