Air Force Act, 1950

The Union of India filed a miscellaneous application seeking clarification of the Supreme Court’s decision in Joseph Shine v. Union of India, which struck down Section 497 of the IPC, asking whether the judgment also affects the applicability of Sections 45, 63 of the Army Act, 1950 and analogous provisions in the Air …

Rajiv Arora, a commissioned officer of the Indian Air Force, applied for premature retirement and received a good conduct certificate, but a disciplinary proceeding was later initiated against him with seven charges. A General Court Martial was convened, but the witnesses for the first three charges were not examined, …

The appellants, convicted by a General Court‑Martial under the Army Act, sought the benefit of Section 428 of the Criminal Procedure Code (CrPC) which allows set‑off of detention time during investigation, inquiry or trial against the term of imprisonment. The Supreme Court examined whether the CrPC provisions apply to…

Four Indian Air Force officers were granted Premature Separation from Service (PSS) under the Air Force Human Resource Policy, subsequently withdrew their requests and sought to continue in service. The Air Headquarters rejected their withdrawal applications, citing Paragraph 18 of the policy which permits withdrawal o…

The respondent, a Corporal in the Indian Air Force, overstayed his leave and was charged under Sections 39(a) and 39(b) of the Air Force Act, 1950. He pleaded guilty before a District Court Martial, was sentenced to three months’ rigorous imprisonment and dismissed from service, and his remission application under Sect…

Group Captain S.P.S. Rajkumar was charged with nine counts of financial impropriety and was tried before a General Court Martial (GCM) which found him guilty of four charges and sentenced him to loss of two years seniority and a severe reprimand. The convening authority ordered a re‑assembly of the GCM, which then sent…

Corporal AK Bakshi and Corporal Sobhanan, each having accrued six punishment entries for misconduct, were discharged from the Indian Air Force under the Policy for Discharge of Habitual Offenders, which directs that such cases be dealt with under Rule 15(2)(g)(ii) of the Air Force Rules, 1969. They challenged the disch…

P.R. Jesurtnam, a former Indian Air Force officer cashiered by a General Court Martial, was appointed on a temporary basis as Senior Research Assistant at IIT Delhi for a specific project, with a clause allowing termination on 24‑hour notice. The Ministry of Defence informed IIT of his dismissal and a 1965 Home Affairs…

The appellant, an Air Force airman, was admonished in May 2010 for allegedly overtaking vehicles at a railway crossing and using insubordinate language toward a Squadron Leader. Although the commanding officer initially expunged the punishment, the matter was reopened, leading to a second admonition in January 2011. Th…

The appellant, a Corporal in the Indian Air Force, was convicted by a District Court‑Martial of sexual abuse of a nine‑year‑old and sentenced to three months' detention and reduction in rank. The Confirming Authority upheld the conviction but commuted the detention to dismissal from service. The appellant contended tha…

The sailor R. Karthik was dismissed from the Indian Navy under Section 45(a) of the Navy Act after a superior officer complained that Karthik had struck him during an incident at sea. The Armed Forces Tribunal (AFT) set aside the dismissal, deeming it disproportionate, and substituted it with a 75‑day detention and los…

The petitioner, a Mechanical Transport Driver in the Indian Air Force, was convicted by a district court‑martial of unauthorized absence under Section 39(a) of the Air Force Act, 1950 and sentenced to three months' rigorous imprisonment, dismissal from service and reduction in rank. He had been in custody since 1 Febru…

Lt. Col. Vijaynath Jha, a commissioned officer of the Indian Army, was seconded to the Directorate General of Quality Assurance (DGQA) for two years. After the tenure he applied for permanent secondment, but the Quality Assurance Selection Board (QASB) found him unfit and the Ministry of Defence rejected his complaint.…

Air Commodore N.K. Sharma, a Judge Advocate General (Air) in the Indian Air Force, claimed that the Ministry of Defence failed to form a policy for filling the upgraded AVM JAG (Air) post and that his promotion was unjustly denied. He filed a complaint under Section 27 of the Air Force Act, which led the Armed Forces T…

The case concerned several writ petitions filed under Article 226 of the Constitution challenging orders of the Armed Forces Tribunal (AFT). The Union of India argued that Sections 30 and 31 of the Armed Forces Tribunal Act, 2007, together with Articles 136(2) and 227(4) of the Constitution, bar High Court jurisdiction…

The appellants Balbir Singh and Nachhattar Singh were convicted of murder under IPC sections 302 and 34 for inflicting fatal blows with a gandasa. They challenged the conviction on two grounds: that the offence should be culpable homicide under section 325, and that the criminal court lacked jurisdiction to try Air For…

Corporal Nallam Shiva of the Indian Air Force overstayed his casual leave of about one and a half years without informing his superiors, leading to his conviction for desertion and overstaying leave under the Air Force Act, 1950. The District Court Martial sentenced him to rigorous imprisonment, dismissal from service …

LAC Yogesh Pathania was tried by a District Court Martial (DCM) for insubordinate language, use of criminal force and conduct prejudicial to good order under the Air Force Act, 1950, and was sentenced to rigorous imprisonment and dismissal. The Armed Forces Tribunal (AFT) upheld the DCM's findings and dismissed his app…

Squadron Leader Navtej Singh, an Indian Air Force officer, applied for permission to marry a Canadian immigrant in 2008 but contracted the marriage without waiting for the required approval. He was later invalidated from service on medical grounds in November 2009. After his retirement, he sought to have his wife and d…

The appellant, an Air Force officer, was compulsorily retired under Section 19 of the Air Force Act, 1950 and Rule 15 of the Air Force Rules, 1969 for alleged misconduct, chiefly the belated filing of his property return six years after the prescribed six‑month period. He contended that the Court of Enquiry had cleared…

M.M. Malhotra, a permanent commission officer of the Indian Air Force, was married to Roopa (Ruby) Malhotra under Hindu rites. The complainant alleged that Malhotra had an illicit relationship and had contracted a second marriage with Miss Anna Suja John, and that he brutally tortured Roopa. A disciplinary enquiry led …

Amit Kumar Roy, an Air Force airman, applied for a bank probationary officer post without completing the mandatory seven years of service or obtaining prior permission under Air Force Order (AFO) 14/2008. He obtained a provisional No Objection Certificate (NOC) and discharge from the Armed Forces Tribunal, joined the b…

The case concerned Flight Lieutenant G.S. Bajwa, who was dismissed by a General Court Martial under the Air Force Act, 1950 for disobeying a medical examination order. Bajwa claimed that the trial violated his fundamental rights because he was denied a defence counsel of his choice at State expense and was not provided…