{"id":216484,"date":"2019-07-04T16:02:40","date_gmt":"2019-07-04T10:32:40","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=216484"},"modified":"2019-07-08T16:08:07","modified_gmt":"2019-07-08T10:38:07","slug":"a-person-enrolled-in-air-force-cant-depart-from-service-at-his-or-her-will-during-the-term-of-engagement-sc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2019\/07\/04\/a-person-enrolled-in-air-force-cant-depart-from-service-at-his-or-her-will-during-the-term-of-engagement-sc\/","title":{"rendered":"A person enrolled in Air Force can\u2019t depart from service at his or her will during the term of engagement: SC"},"content":{"rendered":"

Supreme Court<\/strong>:<\/span> The bench of Dr. DY Chandrachud and Hemant Gupta, JJ has held that<\/p>\n

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\u201cA 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.\u201d<\/p>\n<\/blockquote>\n

The Court was hearing the case where an Airman in the Indian Air Force had applied for the post of General Banking Officer without completing the mandatory period of service of seven years and without obtaining the prior permission of his unit authorities. According to the Air Force authorities, his was in breach of the provisions of Air Force Order 14\/2008 which was then in force. Since the appellant had not received a clean discharge certificate, his services were terminated by Bank of India on 30 April 2014.<\/p>\n

It was argued before the Court that the appellant has a fundamental right under Article 19(1)(g) to choose his place of employment. The provisions of Article 19(1)(g) in their application to the members of the Air Force are not any different from their application to any other branch of government.<\/p>\n

The Court, however, rejected the said contention and held that such a construction will seriously impinge upon manning levels and operational preparedness of the armed forces.<\/p>\n

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\u201cThe interests of the service are of paramount importance. A balance has been sought to be drawn between the interests of the service with situations involving requests by persons enrolled to take civilian employment. This balance is reflected in the provisions contained in the Air Force orders, in this case AFO 14\/2008. A person enrolled cannot assert a general right to act in breach or defiance of those orders.<\/span>\u201d<\/p>\n<\/blockquote>\n

SCHEME OF AIR FORCE ACT<\/strong><\/span><\/h4>\n

Before enrolment, the enrolling officer has to make the person who desires to be enrolled cognizant of the conditions of service.<\/p>\n