Smt Manju Sharma wdo late Cpl Sanjay Sharma (Air Force) vs UOI & Others on 14 July 2026

1. **1. UOI, through the Secretary, Ministry of Defense, South Block, Govt of India, New Delhi – 110 011**

2. **2. The Air Officer in Charge Personnel, Air HQ, Vayu Bhawan, Rafi Marg, New Delhi – 110 011**

3. **3. The PCDA (P), Prayagraj, UP – 211 014**

4. **4. The AOC, Air Force Record Office, Subroto Park New Delhi – 110 010**

**सत्यमेव जयते**

**.... Respondents**

**For Applicant : Mr. OP Sheoran, Advocate** **For Respondents : Mr. Sandeep Garssa, Advocate** **: Gp Capt Bhavana Mehra, OIC Legal Cell, Air Force**

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


**1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA with the following prayers:**

**यतो न्यायः ततो जयः**

1. **(a) That the applicant be granted Special Family Pension wef 24/4/1998 and the Ordinary Family Pension paid be adjusted accordingly;**

2. **(b) The applicant's husband had completed more than ten years service, and was a Corporal at the time of unfortunate death and, thus, the applicant be paid Special Family Pension as per scales entitled to the rank of Corporal with more than 10 years' service instead of minimum family pension as granted to her;**

- (c) The applicant be granted Ex Gratia Compensation as entitled to her vide Govt of India, Ministry of defence, in similar cases;

- (d) The case for grant of Air Force Group Insurance amount be taken up with the Air Force Group Insurance Society and

- (e) The arrears of Special Family Pension and other grants be paid with 12% interest per annum.

As an interim prayer, the applicant had also prayed that the copies of police investigation and the court of inquiry conducted by the Air Force HQ be supplied to the applicant alongwith Postmortem Report alongwith other report on further trial/actions taken on the same be also supplied to her.

सत्यमेव जयते

1. 2. We have heard the counsels for the parties and perused the material on record.

2. 3. It is evident from the material on record that husband of the applicant was enrolled in the Air Force on 06/4/1988 and while posted on the strength of 131 FAC Flight, c/o Air Force Station, Hindon, Ghaziabad, UP, expired on 23/4/1998 due to Haemorrhage and Traumatic Shock due to Ante Mortem Injury. Subsequently, a Court of Inquiry was convened to investigate into the circumstances under which the said Air Warrior was found dead at SMQ No 518. A criminal case under Section 302 of the IPC was also registered with the local Civil Police vide FIR No. 420/1998 dated 23/4/1998. The civil police had submitted its final report before the Hon'ble Court in Ghaziabad, in which the civil police had categorically mentioned that, "after all investigation and keeping in mind the inspection of crime site, medical examination, finger print report and previous investigation work, it was found that late Corporal Sanjay Sharma had committed suicide because of frustration caused by certain personal reasons. No criminal offence was found to have taken place". Hence, on the basis of evidence found during the investigation, the case was closed as a case of "suicide" having been committed by the husband of the applicant and the Final Report before the relevant Court was submitted by the investigating authorities/Police. As per AFMSF-93 (Part II) – Certificate of attributability All Ranks dated 24/4/1998, the cause of death of husband of the applicant was considered as neither attributable to nor aggravated by military service as it was considered as a case of 'Suicide' and the same was duly approved by the Competent Authority, ie Air HQ, on 14/7/1999. Accordingly, claim of the applicant for grant of Special Family Pension was rejected and instead she has been granted Ordinary Family Pension as it was considered that there was no causal connection between the death of the husband of the applicant and the military service.

4. However, it is prudent to observe that the Court of Inquiry held to investigate the circumstances under which the husband of the applicant died concluded that the husband of the applicant had committed suicide solely based on the report submitted by the civil police. However, it is felt that without proper investigation and evidence and without any analysis, a murder case was treated as a case of suicide by the civil police authorities on speculation.

5. In view of the foregoing and in the interest of justice, we deem it appropriate to remand the case back to the Competent Authority to conduct a de novo Court of Inquiry to investigate the circumstances under which the incident took place without being influenced by Final Closure Report filed by the civil police as also the earlier Court of Inquiry conducted by the Air Force authorities and arrive at a definite conclusion about his death. Respondents are also directed to take necessary steps with regard to prayer made by the applicant in the OA and consider whether there was any causal connection of the death of the husband of the applicant and the military service for redressal of the grievance of the applicant. We expect that the Respondents shall take an expeditious action in this matter. However, keeping in view the long period of 27 years which has elapsed since the earlier Court of Inquiry was conducted, we direct that the fresh Inquiry be finalized within a period of not more than eight months from the date of receipt of a copy of this Order. It is also not out of context to mention here that the applicant herself had filed this OA after a hiatus of 24 years from the date of conclusion of the earlier proceedings. The outcome thereof shall be intimated to the applicant accordingly.


सत्यमेव जयते

6. The Respondents are also directed to ask the Civil Police authorities to reinvestigate the case of death of the husband of the applicant to arrive at the true cause of death.

7. The OA is disposed off accordingly. No order on costs.

8. Pending application, if any, also stands disposed off.


Sd/- XXX

Sd/- XXX


(SANJIV MITTAL) MEMBER (A) cda/-


(GOVERDHAN BARDHAR) MEMBER (J)