AMIT KUMAR ROY versus UNION OF INDIA & ORS.

AMIT KUMAR ROY versus UNION OF INDIA & ORS.

A person enrolled as Air Force member does not have an unqualified right to depart from service at will during the term of engagement; balance between individual rights and service interests is maintained via Air Force Orders; failure to comply with engagement and AFO 14/2008 voids claim to unconditional discharge or NOC. However, in present facts, after eight years outside service, interest of justice directs NOC and discharge order, subject to payment.

Parties
Appellant: Amit Kumar Roy; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
03 July 2019
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeals disposed of
Legal Topics
Air Force Personnel Discharge, Fundamental Right to Employment, Service Engagement Conditions, Air Force Order Compliance
Service Law Constitutional Law Air Force Personnel Discharge Fundamental Right to Employment Service Engagement Conditions Air Force Order Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Amit Kumar Roy

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether an enrolled Air Force member has an unqualified right to leave and join a civil post under Article 19(1)(g) of the Constitution
  2. 2 Whether the appellant complied with Air Force Order 14/2008 and service requirements
  3. 3 Whether issuance of NOC and discharge is mandatory for taking up civil employment

Ratio Decidendi

A person enrolled as Air Force member does not have an unqualified right to depart from service at will during the term of engagement; balance between individual rights and service interests is maintained via Air Force Orders; failure to comply with engagement and AFO 14/2008 voids claim to unconditional discharge or NOC. However, in present facts, after eight years outside service, interest of justice directs NOC and discharge order, subject to payment.

Court Disposition

Appeals disposed of

Orders

  • Final NOC and discharge certificate to be issued to appellant within three months after judgment, subject to depositing Rs. 3 lakhs with Union of India within two months; certificate to be issued within one month after deposit.
  • No order as to costs.