Habitual offenders under rule 15(2)(g)(ii) of the air force rules, 1969
Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
Respected Members and Fellow lawyers, please go through this and please comment, your comments or as vaulable as O2,
One of friend was dismissed from Indian Air Force under, Habitual Offenders under Rule 15(2)(g)(ii) of the Air Force Rules, 1969,
Of the total he had four(04) red ink (red being more severe than the black)entries, all for the AWOL(absent without leave), all the entries being under same boss, and within the timespan of 1.8 years, for all the charges he was given physical punishment, even though in his last entry he was corporal(rank from which the punishment is documental),
idea is to challenge the last two charges as,
1. Punishment given for the last charge was physical one, which the rank of corporal enjoys avoiding,
2. Last but one, i.e. the third (03) charge was also of physical in nature, he willingly surrendered to the duty but the charge was filed as though he was apprended, here lies the point, he was apprended by his own boss during the working hours of the Indian Air Force, which is not possible as my friend was absent for 14 plus days and was out of the Indian Air Force permise, if he was apprended by his own boss then was he detailed for that duty(as seem from his branch of duty, it is evedent that the case is not such), if not was he not himself absent from the duty, if he was apprended in his office, then why didn't the militry police apprended him while entring the Indian Air Force,
Do you see any merit in this, please give your vauelabel comments,
Thanks,
