Court martial
Querist :
Anonymous
(Querist) 27 January 2024
This query is : Resolved
Respected sir I juss want to know my brother who was a LAC IN IAF WENT ON LEAVE FOR 15 DAYS BT NEVER REPORTED TO THE STATION BT AFTER 11 MONTHS HE SURRENDERED and court martial proceedings happened against him followed by 1 month rigourous imprisonment and dismissed from the service.Now I want to know Can he apply for civil govt jobs after court martial
T. Kalaiselvan, Advocate
(Expert) 28 January 2024
If the verdict of court martial clearly states that he would be eligible for civil jobs, then he can apply for suitable job in civil.
P. Venu
(Expert) 28 January 2024
He can apply. But once selected, he needs to furnish the information regarding past employment in the attestation form. And, it is unlikely that he can continue with the job.
However, your brother has the option of seeking judicial review which is bound to be a long and tedious process, and the outcome is uncertain.
Sudhir Kumar, Advocate
(Expert) 29 January 2024
Partially agreeing with above views , I will add.
generally not much scope of judicial remedy is there in AWL cases.
dismissal from any govt body is a bar on future employment in any govt body.
dismissal is a bar on future employment in any govt body.
Querist :
Anonymous
(Querist) 29 January 2024
Sir plz tell me that once a airforce personnel does nt show up after some days an apprehension roll was issued against him at his local concerned police station bt police couldn't manage to catch him later on he surrenders by himself I juss want to know whether that apprehension roll will get over once he surrenders..or does he still have some fir registered against him at the local police concerned ....plz shed some light on this..
P. Venu
(Expert) 29 January 2024
I could not come across any decided cases on the issue. As such. it is too hasty form a definite opinion. The other issue needs to be tested before a judicial forum as and when such a cause of action arises.
My suggestion, as above, had been made in such a context. Law is never static; it evolves with the challenges of situations.
T. Kalaiselvan, Advocate
(Expert) 29 January 2024
Since the airman has surrendered himself before the Air Force authorities and subsequently he was removed from service by a court martial, the civil police has nothing to do with this.
This airman has not committed any offence concerned with civilian laws, hence the civil police cannot register a FIR against this service personnel.
Besides the airman was already punished for the offences he committed, hence if there is a case registered by civil police in the same subject, it can be termed as double jeopardy.
