The armed force personnel cannot depart and join civilian employment at their discretion; SC.

Supreme Court of India

Justice D Y Chandrachud and Justice Hemant Gupta

03/07/2019

The SC {Amit Kumar Roy Vs. Union of India & Ors.} holds that a person who has been enrolled as a member of the Air Force does not have an unqualified right to depart from service at his or her will, during the term of engagement. Otherwise, that will affect the operational preparedness of Armed Forces. It was held that the interest of the Services are of paramount importance. A person enrolled in Armed Forces cannot seek as a general right to act in breach or defiance of Air Force Orders.

Dismissing the appeal, the SC while exercising jurisdiction under Article 142, directed the Air Force to issue final NOC and discharge to the appellant from service, subject to payment of Rs. 3,00,000/- by the appellant - in view of the fact that appellant left the service, since then, eight years have elapsed, and no purpose will be served in directing the reinduction of the appellant into the IAF.