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Air Force Act, 1950

23 judgments · newest first · showing 1–23

S.P. PANDEYversusUNION OF INDIA & ORS.

2024 INSC 804Disposed off

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 …

UNION OF INDIA & ORSversusAIR COMMODORE NK SHARMA (17038) ADM/LGL

2023 INSC 1074Appeal(s) allowed

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 …

JOSEPH SHINEversusUNION OF INDIA

2023 INSC 87Disposed off

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 …

UNION OF INDIA & ORS.versusR. KARTHIK

2020 INSC 62Dismissed

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 …

AMIT KUMAR ROYversusUNION OF INDIA & ORS.

2019 INSC 720Disposed off

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 …

EX. LAC YOGESH PATHANIAversusUNION OF INDIA & ORS.

2019 INSC 33Dismissed

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 …

SQN. LDR. (RETD.) NAVTEJ SINGHversusUNION OF INDIA AND ORS.

2018 INSC 1157Appeal(s) allowed

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 …

LT. COL. VIJAYNATH JHAversusUNION OF INDIA & ORS.

2018 INSC 540Dismissed

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 …

UNION OF INDIA AND ORS.versusEX LAC NALLAM SHIVA

2017 INSC 732Case Partly allowed

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, …

UNION OF INDIA & ORS.versusDEVJEE MISHRA

2016 INSC 918Appeal(s) allowed

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 …

UNION OF INDIA & ORS.versusMAJOR GENERAL SHRI KANT SHARMA & ANR.

2015 INSC 206Disposed off

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 …

SAMRENDRA BEURAversusU.O.I. & OTHERS

2013 INSC 350Disposed off

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 …

RAM NARAYAN TIWARIversusUNION OF INDIA & ORS

2011 INSC 142Dismissed

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 …

PRAVEEN BHATIAversusUNION OF INDIA & ORS.

2009 INSC 319Dismissed

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 …

RAJIV ARORAversusUNION OF INDIA & ORS.

2008 INSC 990Case Partly allowed

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 …

UNION OF INDIAversusS.P.S. RAJKUMAR AND ORS.

2007 INSC 455Disposed off

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 …

M.M. MALHOTRAversusUNION OF INDIA AND ORS.

2005 INSC 473Dismissed

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 …

UNION OF INDIA AND ORS.versusEX.FLT. LT. G.S. BAJWA

2003 INSC 274Appeal(s) allowed

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 …

UNION OF INDIA AND ORS.versusCORPORAL AK. BAKSHI AND ANR.

1996 INSC 309Appeal(s) allowed

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 …

BALBIR SINGH AND ANR.versusSTATE OF PUNJAB

1994 INSC 510Dismissed

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 …

AJMER SINGH ETC. ETC.versusUNION OF INDIA & ORS.

1987 INSC 142Dismissed

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 …

F.R. JESURATNAMversusUNION OF INDIA & OTHERS

1981 INSC 121Dismissed

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 …