Armed Forces Tribunal upholds airman's dismissal for being absent without leave

Tribune News Service

Chandigarh, November 22

The Armed Forces Tribunal (AFT) has upheld the dismissal of an airman by a District Court Martial (DCM) on charges of remaining absent without leave for almost nine months. The airman had been attached to Air Force Station, New Delhi, for the Republic Day parade in 2013. On completion of the assignment, he was sanctioned 25-day annual leave and was to report on duty in March 2013. After he failed to rejoin his duties, he was decaled to be absent without leave.

Failed to turn up for 269 days

The airman, who was sanctioned 25-day annual leave, failed to rejoin his duties. After 269 days, he reported at his duty station and claimed that he could not rejoin duty as his mother was unwell and he had to take care of her.

After 269 days, he reported at his duty station and claimed that he could not rejoin duty as his mother was unwell and he had to take care of her. He also said he had submitted his identity card and pay book to Air Headquarters through post.

He was tried by the DCM, where he pleaded guilty to the charges. The DCM awarded him two-month detention and dismissal from service.

In his petition before the AFT, he averred that the trial was conducted in violation of mandatory provisions and the punishment awarded to him was disproportionate to the gravity of the offence.

The tribunal observed that the airman was well aware of the fact that after completion of leave, in any situation, he should have asked for extension of leave or reported back to his unit, which he did not do. Moreover, he dispatched his pay book and identity card to Air Headquarters, meaning thereby that he intended not to serve in the Air Force.

The tribunal also held that the reason that his mother was hospitalised did not constitute to be a sufficient cause for absence of 269 days and did not absolve him from initiation of disciplinary proceedings for misconduct committed by him.

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#Indian Air Force #Republic Day