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november 2019

Supreme Court of India · 2019-11-08

UNION OF INDIA vs 794898 T EX CORPORAL ABHISHEK PANDEY

Citation / case number
SC 2018/9901
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
794898 T EX CORPORAL ABHISHEK PANDEY
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court upheld the Armed Forces Tribunal's decision to set aside the discharge of the Respondent from the Indian Air Force, which was executed under Rule 15(2)(g)(ii) of the Air Force Rules, 1969. The Court emphasized the necessity of adhering to the Air Force Policy dated 16.12.1996, which mandates a second warning for habitual offenders before discharge. The Tribunal's directive for the Respondent to receive 25% back wages was also affirmed, highlighting the importance of procedural fairness in disciplinary actions.

UNION OF INDIA vs 794898 T EX CORPORAL ABHISHEK PANDEY · Niyam