Ex AC (UT) Anish Khan (Air Force) vs UOI & Others on 1 April 2026

O R D E R

01.04.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to reinstate the Applicant into Air Force Service with all consequential benefits like pay, promotion and seniority and payment of costs of litigation.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Indian Air Force on 30.12.2015 and reported for training on 04.01.2016. While the Applicant was under training at ATS, Belagavi, he was issued with a Show Cause Notice on 18.02.2016 for contemplated disciplinary action for concealing the alleged fact of his having been involved in a Criminal Case before Juvenile Justice Board, Churu under Sections 332, 353 and 143 before enrolment and not mentioning the same in the Enrolment Form at the time of his enrolment. The Applicant replied to the same on 24.02.2016 about his ignorance of any criminal case having been registered against him. However, the Respondents again issued Second Show Cause Notice on 01.06.2016 for his contemplated discharge from Service and without waiting for the Reply to the Show Cause Notice, the Applicant was arbitrarily and illegally discharged from Service on 08.07.2016. The Applicant submits that he was not aware of the fact that a criminal case had been registered against him at the time of his enrolment and subsequently the Applicant was acquitted of the offences vide Juvenile Justice Board, Churu Order dt 08.08.2016. His future has been ruined by the Respondents by illegally discharging him from Service. The Applicant issued Legal Notice dt 12.09.2016 through his counsel for reinstatement in service with all consequential benefits but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and have submitted that the Applicant reported to ATS, Belagavi on 01.01.2016 to undergo Joint Basic Phase Training. On 12.01.2016, the Applicant made a voluntary statement wherein he stated that a case has been registered against him under Sections 332, 353 and 143 of IPC at Juvenile Court, Churu (Rajasthan) and the case was still pending. The Applicant also admitted of having attended the hearing on 21.12.2015 in the subject case. Meanwhile, a summons dated 11.02.2016 was received by the Applicant from Advocate Abdul Gaffar, in which it was mentioned that hearing for the criminal case No 25/2013 was fixed for 15.02.2016 and the presence of the Applicant was essential before the Court on the fixed date for recording of his statement. Therefore, the Applicant applied for six days Casual Leave from 13.02.2016 to 18.02.2016 to attend the hearing which was granted. On return from Casual Leave, the Applicant was issued Show Cause Notice on 18.02.2016 for concealing the facts about the aforesaid case while filling up Enrolment Form and Kindred Roll at ATS, Balagavi. The Applicant replied to the Show Cause Notice on 25.02.2016 wherein he accepted that a case No 25/2013 under Sections 332, 353, 504 and 341/34 IPC had been registered against him at Juvenile Justice Board, Churu which was sub-judice. Further, on 03.03.2016, a letter was received from 13 P&S (U) in which it was confirmed that the aforesaid case was registered against the Applicant along with four others in Police Station Kotwali, Churu vide FIR No 26/2013 dt 29.01.2013. Accordingly, a case was taken up with the Competent Authority who directed to initiate administrative action against the Applicant for concealing the fact about the pendency of the criminal case before his enrolment and to discharge him from Service. Therefore, the Applicant was issued Show Cause Notice dt 01.06.2016 asking as to why he should not be discharged from Air Force Service which he replied on 08.06.2016. Subsequently, SRB was conducted on 09.06.2016 which recommended him for Cease Training (CT) and his Discharge from Service. The Cease Training and Discharge from Service was approved by the Competent Authority on 05.07.2016 and, accordingly, the Applicant was discharged from Indian Air Force Service on 08.07.2016 under the provisions of Air Force Rules, 1969, Chapter-III, Rule 15(2)

(k) for Willfully giving false answer on Enrolment. In view of the aforesaid averments, the Respondents have reiterated that the Applicant was rightly discharged from Service after following due process as per the provisions of Air Force Rules, 1969. The OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsels for the parties and perused the material placed before us. The issue to be determined is whether the Applicant is eligible for Reinstatement in Service for his discharge from service for his involvement in a criminal case before his enrolment in Air Force and having concealed this fact of pendency of the criminal case against him at the time of his enrolment.

5. Perusal of the records reveal that based on FIR No 26/2013 dt 29.01.2013, a criminal caseagainst the Applicant was registered under Sections 332, 353 and 143 of PIC before his enrolment in the Air Force on 30.12.2015. During the training period, the Applicant voluntarily made a statement on 12.01.2016 about his alleged involvement in the criminal case under Sections 332, 353 and 143 of IPC, which was pending for adjudication. The Applicant also conceded in his statement that before joining the training at ATS, Belagavi, the Applicant had attended hearing on 22.12.2015. He also stated that he did not mention the same in the Enrolment Form intentionally and accepted his guilt. From the above, it is clear that the Applicant intentionally concealed the fact of his having been involved in a criminal case at the time of enrolment which is an offence under Air Force Act and Rules.

6. With regard to the offences, Paragraph 44 of Air Force Act, 1954 (Chapter VI) reads as under:-

“False Answers on Enrolment. Any person having become subject to this Act who is discovered to have made at the time of enrolment a willfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.”

7. With regard to discharge of personnel undergoing recruit training before taking the Oath is governed by the provisions of Rule 15 of Air Force Rules, 1969, the relevant paragraph 15(2) (k) of which reads as under :- “Authorities empowered to authorize discharge.

(1) Each of the authorities specified in column 3 of the Table below shall be the authority competent in respect of persons subject to the Act specified in column 1 thereof for the causes specified in column 2 and in the manner specified in column 4, to discharge such persons from the service.

Any power conferred by this rule on any of the aforesaid authorities may also be exercised by any other authority superior to it.

TABLE

Class Cause of Discharge Competent Authority to authorize discharge Special Instructions Persons enrolled under the Act who have not been attested All other classes of discharge Commanding Officer -

8. In the present case, it is evident that the Applicant got enrolled in the Air Force on 30.12.2015 by concealing the vital fact that he was involved in a criminal case at his home town which was pending adjudication and he had also appeared before the Juvenile Justice Board, Churu on 22.12.2015, ie. well before his joining the Air Force Service on 30.12.2015. After joining ATS, Belagavi for training, he made a voluntary statement on 12.01.2016 about his involvement in the criminal case, possibly on knowing that he shall be summoned for the next date for recording of his statements and the Air Force Authorities shall come to know the fact in any way. We are fully cognizant that discipline is the backbone of our Armed Forces and military training is imparted to young personnel who enroll in the Air Forceto mould them to be fit and disciplined soldiers to withstand the rigours of Armed Forces service to defend the Nation in all terrains and to face any eventuality. The Applicant intentionally made false answer at the time of his enrolment in the Air Force to get into the Air Force Service which he accepted in his written statement on 12.01.2026. However, with a view to mislead this Tribunal, he stated in the OA that he was not aware of the fact that a criminal case has been registered against him before being enrolled in the Air Force Service. The fact that the Applicant was later acquitted of the charges by the Juvenile Justice Board, Churu cannot help him at this stage as at the time of his enrolment, he had concealed the vital fact of having a criminal case against him for which he was discharged from Service as per the provisions of Air Force Act/Rules. Therefore, we find no intrinsic infirmity or illegality in discharging the Applicant from service by the Competent Authority under Rule 15(2) (k) of Air Force Rules, 1969.

9. In fine we find that this Application is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

10. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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