Nakhat Singh Vs Union of India And Others (Supreme Court of India)
Supreme Court: Prior Permission Is Mandatory for Air Force Personnel Seeking Civil Employment; NOC Cannot Be Claimed as a Matter of Right
The Supreme Court upheld the denial of a No Objection Certificate (NOC) to an Indian Air Force Corporal who sought discharge after being selected as an Assistant Professor, holding that he had failed to obtain the mandatory prior permission required under Air Force Order (AFO) No. 33/2017 before applying for the civil post.
The Court rejected the contention that the requirement of prior permission was merely procedural and could be waived in the interest of justice. It held that AFO No. 33/2017 was framed to balance the career aspirations of Air Force personnel with the operational preparedness of the Force, and the requirement of obtaining prior permission before applying for a civil post is an essential part of that regulatory framework. Since the Order itself prescribes rejection of the NOC where prior permission is not obtained, the requirement is mandatory and not directory.
The Court further found that the appellant failed to produce any credible evidence that he had submitted either the alleged online or offline application seeking prior permission. The concurrent findings of the Armed Forces Tribunal and the Delhi High Court on this factual aspect did not warrant interference.
