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Can defence punish deserters more than once for the same offence?

Querist : Anonymous (Querist) 09 January 2012 This query is : Resolved 
Dear Experts,
I have posted similar query before as well however guess did not post it precisely. As per the Air Force policy deserter get dismissed after 3 years of absence. we all know that dismissal is one of the most severe punishment given to the defence personnel.

if the personnel has not committed any serious offence and has not deserted with any arms and ammuniation than only he get dismissed from the service after 3 years of desertion. if personnel has deserted after commiting any serious offence or with service arms and ammuniation he would not be dismissed.

My question is when Air Force Act says that the personnel has been dismissed after 3 years of desertion and he has not deserted with any arms and ammuniation or after committing any serious offence... than why do they have to punish the personnel again...one of the section of Air Force Act also that deserter when apprehended/surrender may be punished again.

It means that once personnel is already punished for being deserter for 3 years and if found again he must be punished again. this means that defence personnel get punished more than 1 time for same offence. ( I only refer to those deserters who has not deserted with arms and ammuniation and has not committed any serious offence).

I request the opinion of the emminent lawyers and defence experts. This would be highly appreciated.

Best Regards,



Deepak Nair (Expert) 09 January 2012
Repeated Query. Already solved a little while ago.
prabhakar singh (Expert) 09 January 2012
Repeated Query. I answered you.
Sankaranarayanan (Expert) 09 January 2012
He him self told in the beging of words that it is repeated


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