T. A. No. 572 of 2009 Writ Petition (Civil) No. 3309 of 1999. Case: Amresh Pandey Vs Union of India & Ors.. Armed Forces Tribunal

Case Number:T. A. No. 572 of 2009 Writ Petition (Civil) No. 3309 of 1999
Party Name:Amresh Pandey Vs Union of India & Ors.
Counsel:For Appellant: Mr. S. Lal, Advocate and For Respondents: Ms. Barkha Babbar, Advocate
Judges:Mr. A.K. Mathur, Chairperson and Lt. Gen. S.S. Dhillon, Member
Issue:Air Force Rules, 1969 - Rule 15(2)
Judgement Date:May 24, 2012
Court:Armed Forces Tribunal
 
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Order:

  1. This writ petition was filed by the petitioner before the Hon'ble Delhi High Court and it was transferred to this Tribunal after its formation. Petitioner vide this petition has prayed to set aside/quash the order of appeal dated 03.10.1998 and direct the respondents to reinstate the petitioner in the same trade as RDO/FIT or lower trade as Clerk/Airman.

  2. Petitioner was enrolled as Radio Fitter in the Indian Air Force on 11.03.1996 and remained in the said service for more than 29 months. He was discharged from service on 21.08.1998. It is alleged that persons, namely, Kumar V & Singh N.K. both were given 3 back phases in the same trade and similarly Raj Purohit, another candidate was given 2 back phases who third time failed in 3rd Semester but he was finally taken in lower trade as Equipment Assistant. In the similar circumstances, Yadav R.P., another candidate was taken as M.T.D. in lower trade. It is further alleged that petitioner was discharged only after one back phase. This clearly shows the discriminatory and arbitrary treatment with the petitioner. Petitioner after discharge filed an appeal before the Chief of Army Staff but his appeal was turned down. Thereafter petitioner filed the present petition before the Hon'ble Delhi High Court seeking aforesaid reliefs which was transferred to this Tribunal after its formation.

  3. Respondents filed their reply and pointed out that it is true that petitioner was enrolled in the Indian Air Force on 11.03.1996 in the trade of Radio Fitter. He reported to Communications Training Institute, Bangalore on 16.03.1996 and commenced training in Radio fitter trade with Entry No. AT/25. He failed in Semester II Term II (Part II, IV and in total aggregate) held on 26.06.1997 and was back phased to AT/26. Again, petitioner failed in Semester III Term I in Part II held on 26.03.1998 and was given a chance for re-test which he passed. In Semester III Term II (Pre-final) test held from 30.05.1998 to 08.06.1998 he secured 37 marks out of 100 marks in Part II and was declared pass after moderation. He again failed in Semester III Term II Trade Examining Board examination held on 15.07.1998 in Term II Part II scoring 28 marks out of 100 marks.

  4. It is further pointed out that petitioner's performance was poor and he was given a number of chances but he could not improve his performance. During the training period, the petitioner was given six warning letters that speak of his poor performance and...

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