Defense personnel can not leave work at will to avoid an adverse effect on the preparation of forces: SC
NEW DELHI: The Supreme Court said on Wednesday that defense force personnel can not be allowed to give up their work at will in the middle of the service, saying that it will negatively affect the operational readiness of the armed forces and that an aviator The IAF is guilty of violating the rules by requesting a job without informing the authorities.
A bank of judges DY Chandrachud and Hemant Gupta rejected the plea of the IAF personnel who maintained that the Constitution had granted a fundamental right to exercise any profession and their right can not be infringed by the rules of the Air Force.
A person who has been registered as a member of the Air Force does not have an unqualified right to withdraw from the service at will during the. Such construction, as requested in the name of the appellant, will seriously affect the personnel levels and operational readiness of the armed forces. With the rapid advance of technology, particularly in its application to military operations, there has been a reconfiguration of the human and technological requirements of a combat force. The interests of the service are of utmost importance, said the bank.
The court approved the order in an appeal filed by Amit Kumar Roy, challenging the IAF's decision not to issue the No Objection certificate to him to join as a probation officer at a bank. He joined the force in 2004 and applied for the position in the bank in 2010 and applied for a written exam and an interview without obtaining the mandatory permit from the IAF. After selection for the position, he approached the Court of the Armed Forces, which ordered the IAF to issue a provisional NOC and subsequently joined the bank.
In 2012, Air Headquarters canceled the provisional NOC and was ordered to join the force. after which he approached the apex court.
The court concluded that there was no illegality in canceling the NOC because it violated Air Force rules, but said no purpose would be solved for him to join the force after eight years and asked him to pay. Rs three lakh to the government Within two months for violating the rules.
He will not use anything to direct the appellant's reinstatement to the IAF's savings and except to subject him to disciplinary action. Taking into account the facts and circumstances that we have indicated previously, we believe that the purposes of justice would be fulfilled by indicating that a final NOC and the discharge will be delivered no later than within three months of receipt. From a copy of this order, said the bank.