Ex Sgt Arvind Kumar vs UOI & Others on 30 July 2026

O R D E R

30/07/2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA with the following prayers :- (a) Set aside the Order of Dismissal dated 05/8/2024.

(b) Place an interim stay on the dismissal of the applicant.

(c) Direct the Respondents to discharge the applicant with all pensionary benefits on the day of discharge, ie, 30/9/2024 in the interest of justice.

(d) Pass such further order or orders, direction/directions as this Hon’ble Tribunal may deem fit and proper in accordance with Law.

2. Apart from the OA, the applicant had also filed an MA, stating that the principle of natural justice, equity and good conscience demands that the present application may be heard and allowed by this Hon’ble Tribunal immediately to protect the constitutional right of the applicant, who has been illegally dismissed. And that if the present application is not allowed, then the applicant and his entire family will suffer irreparable loss and injury which cannot be compensated by any means whatsoever as earlier also he was not allowed to sit in civil examination or pursue higher studies and was not permitted to attend the last rites of his uncle. Moreover, the order of dismissal would affect his pensionary rights, thus placing his entire family in distress. In support of his arguments, the Counsel for the Applicant has placed reliance on the Judgment passed by the Hon’ble Supreme Court in the case of State of Punjab Vs VK Khanna &Ors, JT 200 (Supp 3) 3 SCC 349, wherein it was held that, “laws courts are otherwise justified in interfering at the earliest stage so as to avoid the harassment and humiliation” and it was held that it is the due process of law which permeates in the society and in the event of there being any affecting of such process of law, the law courts ought to rise upto the occasion. In view of this, he prayed for passing ex parte interim order/direction to the Respondents thereby placing a stay on the operation of the Dismissal Order dated 05/8/2024 and all proceedings/orders emanating from the Order.

3. Facts of the case as enunciated by the Applicant are that the Applicant is a citizen of India and is entitled to all the Fundamental Rights as guaranteed by the

Constitution of India. That Part III of the Constitution of India, consisting of Articles 12 to 35, guarantee Fundamental Rights to the applicant, like any other citizen of India. Part III of the Constitution protects the applicant’s rights as granted therein. Further, the applicant was enrolled in Indian Air Force at the age of 19 years on 28/9/2004 after having been found medically as well as mentally fit and was working in Radio Tech Trade in 750 SU Air Force Station, Mandore, Jodhpur. The applicant has a good academic record, as well as service record, a completely unblemished character with no past history of any fault/offence. During his service span, the applicant served at Udhampur, Prayagraj, Singharsi and was last posted at 750 SU Air Force Station, Mandore, Jodhpur wef 11/9/2023. His present date of discharge from service is 30/9/2024. The applicant being a Combatant Air Warrior of Radio Tech Trade performed his duties with utmost sincerity, devotion and has an unblemished character and service record and also performed all other duties as per the directions of his superior officer/competent authority. The applicant also worked in very tough climatic conditions at Tawang, LOC with an Army unit during his period of posting at Air Force Station, Chhabua and the HQ CAC. A Citation of the applicant was alsosent to the Chief of the Air Staff, highlighting the exemplary performance of the applicant, annexure A/9. In the month of Sep 2021, the applicant was posted to 774 SU at the Air Force Station, Singharsi, which is a difficult area of posting. Due to the sincerity, dedication and honesty of the applicant, the Station Commander designated the applicant to work as a Manager in AFWWA (L). Thereafter, the applicant was posted out to 750 SU Air Force Station, Mandore, Jodhpur in the month of August 2023. In the month of Oct 2023 on completion of his 19 years of service, the Station Commander, Air Force Station, Mandore, issued

a No Objection Certificate to the applicant for the purpose of his applying for various posts in Civil with a condition that the discharge of the applicant from the Air Force will be only on completion of his engagement period, ie, 30/9/2024, Annexure A/8. After he was posted out of Air Force station, Singharsi, a false complaint was submitted by Sgt Santosh Gupta and his wife to the Station Commander because of personal grudges as the applicant refused to make a false experience certificate for the wife of Sgt Gupta. The wife of Sgt Gupta in connivance with her husband made an Experience Certificate of her experience in teaching at Schools, without fulfilling the criteria and placed the same for the signature of the President AFFWA (L)through the applicant. The same was not signed and torn and she was warned not to repeat the same in the future. There were numerous complaints against the lady by the parents of students regarding her teaching method and students were not able to grasp her teaching, for which she was frequently apprised by the officer in charge, AFFWA (L) and also by the applicant on the instructions of Office in Charge keeping in view the future of the students of tuition classes and due to the absence of any other tuition facility nearby. Thus, she alongwith her husband developed a personal grudge against the applicant. On receipt of the complaint, a CoI was ordered in respect of the same and without due process of law and in violation of the rules of natural justice, the applicant was declared blameworthy. Moreover, despite his request, the applicant’s complaint against the wife of Sgt Gupta and his brother in law for extortion of Rs Five Lac was not forwarded. The Applicant specifically and categorically denied that there was any involvement, soft corner or any undue favour towards Sgt Gupta and his wife and also denied each and every false content of the statement of Sgt Gupta and his wife.

4. Further, on 18/6/2024, a Show Cause Notice on behalf of the Respondent No 4 was served on the applicant to show cause as to why he should not be dismissed from service in terms of Section 20(3) of the Air Force Act 1950 read with Rule 18 of the Air Force Rules, 1969 for grave acts of misconduct. Aggrieved by the decision of the Court of Inquiry and the action taken by the Station Commander, the Applicant had submitted applications dated 14/5/2024, 20/5/2024 and 22/5/2024 through his parent unit to the Respondent Nos 3 & 4, stating the facts and contentions and the violations of the rules of natural justice and infringement of Fundamental and Constitutional rights of the applicant as an accused person before the Court of Inquiry. However, the said applications of the applicant were disallowed vide speaking order dated 18/6/2024 without appreciating the contentions made therein in a mechanical manner stating that, “As regards your contention that you were available at 507 SU Air Force Station on 21/5/2023, it is brought out that you had checked out from Hotel Mount View, Siliguri at around 1430 hours on 20/5/2023. Hence, it was very much possible for you to be available at 507 SU Air Force on 21/5/2023, which was eight hours journey from Siliguri. Notwithstanding the above, it is worth highlighting that you had not brought out this aspect before COI as claimed by you”. Pertinently, there was no conclusive evidence against the applicant that he was involved in an illicit relationship with the wife of Sgt Santosh Gupta and stayed with her in a Hotel at Siliguri.

5. The applicant further submitted that he was a Sergeant and had approximately 20 years of unblemished service record and is aggrieved by the unreasonable and illegal “Dismissal from Service’ Order dated 05/8/2024, issued to

the applicant solely based on faulty Commission of Inquiry (CoI), stating that, “now therefore, in exercise of the powers vested under Section 20(3) AF Act 1950, read with Rule 18 (1) AFR, the Air Officer Commanding in Chief, Eastern Air Command, Indian Air Force, has on 05/8/2024, ordered the applicant’s ‘Dismissal from Service’. The issuance of a Show Cause Notice as well as the Speaking Order dated 18/6/2024 were unreasonable, illegal and violative of the due process of law. Even the application submitted by the applicant to set aside the findings and recommendations of the CoI was disallowed without giving due consideration to the contentions made therein.

6. The Applicant further submitted that he was on duty on the day of alleged incident, ie, 20/5/2023, as well as before and after the said date, at Singharsi. The distance between Singharsi and the Hotel at Siliguri, where allegedly the applicant met the wife of Sgt Santosh Gupta, is more than 500 Kms. The order of the dismissal rejected this contention by stating, “it is brought out that you had checked out from Hotel Mount View, Siliguri, at around 1430 hours on 20/5/2023. Hence, it was very much possible for you to be available at 507 SU, Air Force, on 21/5/2023”. However, the order failed to take into consideration, the submission of the applicant that he was present in the Station on the date of the incident as well as on duty. Moreover, the said IAF station is located at a remote area and cannot be accessed easily. Further, the applicant had diligently signed daily cash registers/other registers of AFFWA (L) on the day of the alleged incident, ie, 20/5/2023, as well as before and after the said date and the same were countersigned by the Officer Incharge AFFWA (L). The order of dismissal while

considering this contention, stated, “ it is informed that being custodian of the documents, you could have signed those documents on a later date mentioning the date as 20/5/23”. This observation of the Respondents is completely speculative, and it is a settled position of law that the burden of proof in proving an offence lies on the prosecution as observed by the Kolkata Bench of the Armed Forces Tribunal in the case of Commander Harneet Singh Vs UOI &Ors in OA No 30/2013. Moreover, the documents were countersigned by the Senior Officer on the same day. It is a settled position of law that the countersigning of documents is proof of its veracity as also noted by the Hon’ble Apex Court in the case of M Duraiswamy Vs Sri Mugurgan Bus Service & Others, AIR 1986 SC 1980 and the Hon’ble High Court of Punjab and Haryana in the case of Prof N Ramaswamy Vs Miss Manju Bhakru, AIR 1963 Punjab 419. No cross examination of the alleged Hotel Staff by the applicant was done as the CoI did not call any such witnesses but declared the applicant blameworthy on the basis of the alleged statements made by the hotel staff received through a local Air Force Unit. The dismissal order noted that the applicant had not asked for cross examination and that is why he had not been granted the opportunity for the same. Since no such witnesses were there, the applicant could not have cross examined them. Accordingly, the Applicant has prayed that the dismissal order against him be quashed and set aside and he be allowed to be discharged from Air Force honourably and his pensionary benefits be granted to him.

7. The Respondents have filed an exhaustive Reply Statement. They have at the outset, submitted that a Written Complaint was submitted to the Station

Commander, 507 SU Air Force Station by No 937298R Sgt Santosh Gupta, Adm Asst (GD) of 20 Wing, Air Force, alleging that No 794610 (Now Ex) Sgt Arvind Kumar, the Applicant herein, Rdo Tech of 750 SU, Air Force, Mandore, earlier posted to 507 SU Air Force, had stolen the love and affection of his wife, Mrs Kamini Kumari Gupta, and had coerced her to indulge in an illicit relationship. Accordingly, a Court of Inquiry (C of I) was held at 507 SU, Air Force, Singharsi, on 29/1/2024 and subsequent days to ascertain the veracity of the complaint submitted by Sgt Santosh Gupta, Adm Asst (GD). After following due procedure, the CoI held the applicant blameworthy, for “stealing the love and affection of the wife of a brother airman. The AOC-in-C, Eastern Air Command, IAF, being the Competent Authority, after examining the proceedings, approved the said CoI proceedings with the directions to initiate administrative action in terms of Section 20 (3) of AF Act read with Rule 18 (1) of Air Force Rules against the applicant. A Show Cause Notice (SCN) dated 18/6/2024 was served upon the applicant on 21/6/2024, contemplating his Dismissal from Service in terms of Section 20(3) AF Act read with Rule 18 (1), AFR with a direction to submit his reply within a period of 14 days from the date of its receipt. Before the SCN was served, the applicant had requested to proceed on leave on compassionate grounds due to death of a relative which was granted to the applicant from 22 Jun to 07/7/2024. The applicant was also informed that he was at liberty to peruse the CoI proceedings. Based on the request of the applicant which was duly approved by the competent authority, copies of Cof I proceedings were supplied to the applicant and he was also given 20 days’ time to reply to the SCN from the date of handing over of a copy of the SCN to him. However, the applicant did not report to his Unit, 507 SU, Air Force, on completion of leave and was

declared Absent without Leave wef 0730 hours on 13/7/2024. Rather than submitting reply to the SCN, the applicant had preferred to file MA No 287/2024 in OA No 187/2024 before the Hon’ble Tribunal, AFT, Jodhpur. Subsequent to that, the applicant had also preferred a similar representation to the Chief of the Air Staff, without disclosing the fact of having filed OA before the Hon’ble AFT. The Hon’ble AFT, vide its Order dated 16/7/2024, granted two weeks’ time to the applicant to submit his viewpoint before the competent authority and also directed the Respondents not to take any punitive action against the applicant for two weeks if the applicant was not already discharged from service for his acts of omission and commission. Further, Order of the Chief of the Air Staff, disposing off the representation dated 05/7/2024 submitted by the applicant was forwarded to the Unit of the applicant as the applicant was AWL at that time. On 26/7/2024, 8 P&SU forwarded the copy of the Order of the Chief of the Air Staff which was duly receipted by the applicant. Further, the applicant reported back to 750 SU, Air Force, on 28/7/2024 on his own accord and thereafter he submitted his reply dated 26/7/2024 to the Show Cause Notice. The AOC-in-C, Eastern Air Command, Air Force, after considering applicant’s reply to the Show Cause Notice, ordered Administrative Dismissal of the applicant under Section 20(3) read with Rule 18 (1) of Air Force Act vide Speaking Order dated 05/8/2024, which was served upon the applicant on 07/8/2024. The Respondents have further submitted that the applicant had tried to mislead the Hon’ble Tribunal that he was a ‘serving Sergeant’ which is factually incorrect and malicious and contrary to the statement of the applicant, the complaint submitted by Sgt Santosh Gupta was thoroughly investigated through an Independent Court of Inquiry and the facts and evidences

have been adequately brought out by the Court. The applicant was afforded all due opportunities to present his case. The Court of Inquiry was held in accordance with Air Force Law and Principles of Natural Justice were adhered to. The Show Cause Notice was absolutely lawful and the applications submitted by the applicant were duly disposed off. The applicant’s perception that there was no conclusive evidence of his stay with the wife of Sgt Santosh Gupta in a Hotel in Siliguri in furtherance of their illicit relationship, is ill conceived and is based on the facts established in Court of Inquiry proceedings. Further, the alleged refusal to make an Experience Certificate for the wife of the complainant, Sgt Santosh Gupta, as claimed by the applicant, is too frivolous a reason for a woman to put her reputation at stake in a close knit society like the Indian Air Force, which was an after thought by the applicant in his defence. Also, there were no evidences/witnesses to substantiate the claim regarding Sgt Santosh Gupta and his wife displaying any personal grudge against the applicant. The Respondents have refuted the statement of the applicant that the brother in law of Sgt Santosh Gupta had demanded Rs Five Lac from the applicant and that the much belated complaint lodged on 07/5/2024 by the applicant at the Police Station, Bhagat Ki Kothi, Jodhpur, clearly shows that it was just a counter complaint lodged by him to create a case out of nothing. The misconduct on the part of the applicant was established by way of an independent Court of Inquiry which was scrutinized at various levels before being finally approved by the Competent Authority. The Respondents had no interest in blaming the applicant, leave aside dismissing him from service by the Air Officer Commanding in Chief, Eastern Air Command, after due consideration of his reply to the Show Cause Notice and to order his dismissal from service by a Speaking Order dated

05/08/2024. The Respondents have conceded that the first act of physical intimacy between the applicant and Smt Kamini Gupta, wife of Sgt Santosh Gupta, was with mutual consent, but thereafter, he trapped her and used the situation to exploit her. She has brought out that she used to take tuition classes under the aegis of AFFWA (L) and used to talk to the applicant regarding the job and that the applicant told her that he was quite powerful, being the right hand of AFFWA (L) President. In Jan 2023, the lady got a teaching job in Air Force School, Singharsi for which the applicant told Smt Kamini Gupta that he had got her job. In the month of May 2023, when the lady and her husband were on summer vacation, she went to stay at her maternal home and being afraid due to the applicant having her photos and videos and, hence, thought of taking divorce first and thereafter, commit suicide. During this time, the applicant made a video call telling the lady not to go back to her husband and that she could not leave the applicant, otherwise, he would kill himself. In the last week of July 2023, the applicant left Singharsi on posting to 750 SU, Air Force (Mandore), however, he continued to call up and pressurize her and, hence, the lady quit her job on 04/8/2023 and went to her maternal home in Bagdogra. During that time, she had sent Legal Notice to her husband for divorce. On 02/9/2023, the applicant came to Bagdogra to meet her and deposited a sum of Rs 19,000/- in her account, so that she could divorce her husband. Thereafter, husband of Smt Kamini Gupta came to know the affair and he came to Bagdogra. She started talking with her husband and finally informed him and family about the actions of the applicant. She further brought out during the Court of Inquiry that she did not raise an alarm when the applicant barged into her house as she was frightened and thought that her husband would make her quit her job. The

applicant was smart enough to assess her sensitive character and had deleted all the messages which had been sent to her by the applicant. The lady also made an additional statement on 12/2/2024, in which she stated that the Applicant had come to Siliguri and had called her up to meet him at Hotel Mount View near Siliguri Junction and out of fear she went to meet him there. The applicant’s reply to the Show Cause Notice was duly considered and it was seen that his reply did not absolve him from the charge of blameworthiness established against him by the Court of Inquiry. He was accordingly dismissed from service after following due procedure of law and, hence, the Respondents have prayed that the OA filed by the applicant be dismissed with exemplary costs.

8. In response to the Reply Statement filed by the Respondents, Counsel for the Applicant had also filed a detailed Rejoinder. In that, it has been stated that no averments or denial has been made in the reply by the Respondents with regard to the submissions made by the applicant that he was not present in the first place at Hotel Mount View, Siliguri, on 20/5/2023, ie, the day the applicant and the complainant’s wife had allegedly stayed together. The Respondents have not made even a single submission denying the averments and submissions made by the applicant stating that he was at the Air Force Station, Singharsi not only on 20/5/2023, but also on the preceding and succeeding days which can be substantiated by overwhelming documentary evidence, leaving no room whatsoever for any question regarding any meeting between him and the complainant’s wife at Siliguri on the said date. It is a settled position of law that unless and until a fact stated by the applicant is not specifically and clearly denied, the same shall be

considered as admitted. Thus, the Respondents, by not denying the allegations made by the applicant have presumably admitted the fact that the petitioner was present at the Air Force Station, Singharsi on 20/5/2023 and did not go out of Station on, before or after 20/5/2023. Further, the Respondents’ allegation that the applicant stayed with the Complainant’s wife on 20/5/2023 at Siliguri at a hotel in Siliguri, it is pertinent to note that no record of the applicant exiting the Air Force Station, Singharsi on or before 20/5/2023 has been tendered as evidence by the Respondents. Additionally, the applicant duly signed cash registers on 20/5/2023, as well as the preceding and succeeding days, which were also countersigned by his supervising authority, which further strengthens the contention that the applicant was indeed present on 20/5/2023 at the Air Force Station, Singharsi. Further, in order to submit the aforesaid registers and documents in his defence, the applicant, on 30/7/2024 submitted an application to the Station Commander, 507 SU, Air Force, requesting that he be provided access to the same, which was received by the Respondents on 08/8/2024. However, the applicant was denied access to any of the aforesaid registers and documents, implying that the entire court of inquiry proceeding were conducted in a hushed and clandestine manner, solely with the intention of harassing the applicant and denying him retiral benefits. Further, the applicant has been unfairly and illegally targeted and made a scapegoat with mala fide intentions and actions of the Respondents, as a result of which he has endured severe hardship, not only facing unwarranted financial loss due to the denial of his rightful retirement benefits but also causing emotional distress and deep and grave injustice after years of his dedicated and unblemished service to the Nation which is evident from the fact that the applicant, due to his stellar and

unblemished service record, was decorated with a recommendation for the award of Commendation of the Chief of the Air Staff, which substantiates the fact that the applicant since his date of joining the service has performed all his duties as assigned diligently and has been serving the Nation sincerely. With regard to delay involved in filing a complaint at the police station, Bhagati Ki Kothi, regarding extortion committed against him by the brother in law of Sgt Santosh Gupta, the applicant initially refrained from lodging the same, solely out of respect for the complainant’s wife as also in order not to defame her. As regards the Aadhar Card of the applicant allegedly presented to the said hotel in Siliguri, it has been brought out by him that it was not the one in use by the applicant, as he had already applied for and obtained a revised Aadhar Card wherein his date of birth had been updated. Despite the significance of this discrepancy, the Court of Inquiry made no efforts to examine or verify the circumstances surrounding the alleged recovery of the applicant’s Aadhar Card details from the hotel premises. Thus, it raises grave doubts regarding the credibility of the said claim. Moreover, the complaint lodged against the applicant, as well as the initial statements made by the complainant and Sgt Santosh Gupta and his wife before the Court of Inquiry, contained not even a whisper or even the slightest mention of any incident whatsoever on 20/5/2023 at the Hotel Mount View, Siliguri and the first instance where the same was mentioned, was on 12/2/2024, about ten days after the court of inquiry proceedings commenced, which, at the outset, casts a looming shadow over the veracity and genuineness of the entire claim in the first place. Further, call details of the Complainant submitted in evidence before the Court of Inquiry by Sgt Santosh Gupta himself, indicate in absolutely clear terms, that it was the

Complainant’s wife who made calls to the applicant multiple times throughout the months of March 2023 – July 2023, Annexure A/16. After the conclusion of the final hearing, the counsel for the applicant has also made Written Submissions in support of his arguments in the matter.

9. We have heard the Counsels for the parties extensively and have also assiduously perused the material placed on record. The issue to be deliberated upon is whether the Respondents were justified in dismissing the Applicant from service for a purported consensual relationship with the wife of a fellow Airman and whether the prayer of the Applicant for setting aside his dismissal has any merit ?

10. It is apparent from the material on record that the applicant, who was enrolled in the Air Force on 28/9/2004 was posted on the strength of 774 SU, c/o 507 SU, Air Force, Singharsi in the rank of Sergeant wef 13/9/2021 to 27/7/2023. During this tenure, the applicant was recommended by the HQ CAC for award of Chief of the Air Staff Commendation for his dedication and professionalism exhibited by him. On completion of his tenure at 774 SU, Air Force, Singharsi, the applicant was posted to 750 SU, Air Force Station, Mandore, Jodhpur wef 11/9/2023. The applicant was due for retirement from the Air Service wef 30/9/2024 on completion of his RE. After his departure on posting to 750 SU, Air Force Station, Mandore, Jodhpur, Sgt Santosh Gupta, Administrative Assistant (GD) of 507 SU Air Force had submitted a Personal Application to the Station Commander, 507 SU, Air Force on 19/10/2023, complaining against Sgt Arvind Kumar, ie, the applicant herein, wherein Sgt Santosh Gupta alleged and complained against the Applicant for

“stealing the love and affection” of his wife, Mrs Kamini Gupta, and coercing her to indulge in ‘illicit improper relationship’ with the Applicant. As per copy of ibid statement and further statements as Witness No 1 in the Court of Inquiry at a later date, ie, 30/1/2024, it was stated that the applicant and his wife, Mrs Kamini Gupta, became friendly when he was functioning as In charge of AFFWA and his wife was a Teacher at the Air Force School, Singharsi since Jan 2023. He also alleged that the applicant engaged in an extra marital affairs with his wife and had also visited his home at odd hours at night in his absence when he was away on night duty. Further, whenever the said Mrs Kamini Gupta refused his desires and longed to break the relationship, the applicant coerced her to continue the illicit relationship, lest he would defame her and ruin her and if required would harm her husband and the family. This led Mrs Kamini Gupta to severe depression and she started getting suicidal feelings and for this the applicant was blameworthy and he requested the Air Force authorities to take strict action against the applicant. He had also requested the authorities to confiscate the ICT devices of the applicant, as they contained inappropriate photographs of his wife, and that the same be sent for forensic analysis which can prove his misdeeds. A Court of Inquiry was ordered to enquire into the ‘sordid’ incident and the applicant was attached to his previous Unit, ie, 507 SU, Air Force, wef 19/1/2024. During the court of inquiry proceedings, Smt Kamini Gupta, made additional statement dated 12/2/2024, wherein it was stated by her that the applicant visited Siliguri on 20/5/2023 and coerced her to reach Hotel Mount View, Siliguri. Though reluctant but upon being threatened by the applicant, she went there. In support of her statement, she produced black and white printout of front façade of the Hotel, Mount View, Exhibit ‘P’. She also placed on record the

photocopy of Aadhar Card bearing No 9557 6968 6424 of the applicant, alongwith Hotel entry against Serial No 486, of both the applicant and the lady, with the signature, ‘Kamini Kumari Gupta’ duly endorsed at the bottom of both of these documents. While staying at the ibid Hotel, the applicant gave his Aadhar Card, while Mrs Kamini Gupta had produced copy of her driving licence No KA02 20220006969, issued by the Licencing Authority, Bengaluru. They stayed together at Room No 307 at the Hotel on 20/5/2023 from 0830 hours to 1430 hours, which wasgot confirmed from the hotel by the Air Force authorities. It is explicitly apparent from the Court of inquiry proceedings that the extra marital/sexual relations between the applicant and Mrs Kamini Gupta were consensual based on the digital evidence of the call records between them which proves well beyond the societal norms and was likely to fall into the ambit of an extra marital relations between the applicant and the lady as they became intimate which further developed into physical relationship because of their close association while the applicant was working as a Manager of AFFWA and Mrs Kamini Gupta as a teacher at the Air Force School at the Air Force Station, Singharsi which was being run by AFFWA. The Court of Inquiry had recommended initiating Administrative Action against the applicant for his misconduct in maintaining a relationship with the wife of a fellow Airman. As a prelude to the administrative action against the applicant, a Show Cause Notice dated 18/6/2024 was issued to the applicant by the Eastern Air Command, Air Force, asking the applicant why he should not be dismissed from service in terms of Section 20(3) of the Air Force Act 1950, read with Rule 18 of the Air Force Rules, 1969. It has been elaborated in the Show Cause Notice that the Court of Inquiry that had gone into the complaint submitted by Sgt Santosh Gupta

had found the applicant blameworthy for ‘stealing the love and affection of the wife of a brother Airman, ie, Sgt Santosh Gupta, Adm Asst (GD) of 507 SU, Air Force and that the applicant had established improper liaison/illicit relationship with Mrs Kamini Gupta and that they had stayed together in a Hotel at Siliguri and such acts of misconduct on his part goes against the concept of ‘Community Living’ in the campus of Air Force Station and Units.

11. Further, the Applicant in his identical Applications dated 14/5/2024 addressed to the Station Commander, 750 SU Air Force, Mandore and dated 22/5/2024 to the AOC-in-C, Eastern Air Command, requested for setting aside the proceedings of the Court of Inquiry initiated against the applicant, refuting the allegations levelled against the applicant by Sgt Santosh Gupta and his wife and that they had personal grudge against the applicant as he had refused to make a false experience certificate for Mrs Kamini Gupta as she did not deserve one which led to filing of false complaint against the applicant. These applications were rejected by a Speaking Order dated 18/6/2024 by the AOC-in–C, Eastern Air Command being devoid of merit.

12. In response to the Show Cause Notice, the applicant submitted his reply on 26/7/2024and vehemently denied his having been stayed at a Hotel at Siliguri with MrsKamini Gupta on 20/5/2023 as the applicant was on duty on the day of alleged incident, ie, 20/5/2023, as well as before and after the said date at Singharsi. The distance between Singharsi and the Hotel at Siliguri is more than 500 Kms and the Air Force station is located in a remote area and cannot be accessed easily.

Moreover, the applicant had diligently signed daily cash registers/other registers of AFFWA (L) on the day of the alleged incident and these documents were countersigned by the Officer Incharge AFFWA (L) also.

13. While the purported stay of the Applicant and Smt Kamini Gupta at Hotel Mount View, Siliguri on 20/5/2023, was conceded by the Hotel with an undated letter, the copy of Aadhar Card of the applicant cited by the ibid Hotel, wherein the date of birth of the applicant is shown as, “1984”, was not the one actually in possession of the applicant as, as per Annexure A/15, the Aadhar Card of the applicant had been updated on 02/9/2021, mentioning his date of birth as, “01/8/1984”. It is also evident from the record that during the course of cross examination, the applicant had confirmed having received calls from the Mobile Number of Smt Kamini Gupta (the call details are also on record). It is prudent to observe that whether the calls were made by Smt Kamini Gupta to the applicant on his mobile Number for official matters or otherwise, the fact remains that the digital evidence trail placed on call records proves beyond reasonable doubt that Smt Kamini Gupta had been in constant touch with the Applicant umpteen times between the period March to July 2023 - day in and day out even at odd hours. It is also worthwhile to observe that during the course of Court of Inquiry, Smt Kamini Gupta had not produced any photographs or any obscene material nor any witness to corroborate her statement against the applicant. Moreover, despite multiple directions to the Respondents by this Tribunal to place on record the relevant documents of AFFWA/AFWWA (L) with regard to the claim of the applicant that he

was present in his Unit on the alleged date of incident on 20/5/2023, the Respondents have not paid any heed in placing the same on record.

14. Perusal of record further reveals that based on the Order dated 16/7/2024 passed by this Tribunal in MA No 287/2024 in OA No 187/2024 filed separately by the applicant, wherein the applicant was directed to put forward his stand before the Competent Authority in response to the Show Cause Notice issued to him, the Representation dated 05/7/2024 submitted by the applicant before the Chief of the Air Staff, praying for setting aside the Show Cause Notice dated 18/6/2024 issued by the AOC-in-C, Eastern Air Command, was rejected by the Chief of the Air Staff vide Speaking Order dated 25/7/2024. And eventually, the applicant was dismissed from service wef 05/8/2024 by a Speaking Order by the AOC-in-C, Eastern Air Command under Section 20 (3) of the Air Force Act read with Rule 18 (1) of Air Force Rules.

15. It could be observed from the material on record that the Respondents had conceded in their Reply Statement that the physical relationship between the applicant and Mrs Kamini Gupta was consensual initially, but later relationship were at the bidding/coercion of the applicant. It is clear from the record that the intimacy between the applicant and the lady developed when they were working together at the Air Force School, Singharsi, in early 2023, he in his capacity as a Manager with AFWWA and the lady working as a Teacher at the School run by AFWWA. In this regard it would be prudent to observe that the applicant was an experienced and senior Sergeant with 19 years of service to his credit and Mrs Kamini Gupta – also a wife of a senior Sergeant and mother of a child and stated to be qualified and

aspiring to be a Teacher - whom the society at large always looks at with respect. Moreover, she was not a callow and gullible teenage girl who could be easily got into the trap/temptation by a man. This Tribunal is not oblivious to the changing times and fails to comprehend as to what prevented Mrs Kamini Gupta to confide the relationship that had developed which had been going on for quite some time between the applicant and herself to her beloved husband at the beginning itself when, if at all, it was obvious to her that the applicant had some ulterior motive in befriending her as she herself was also a mature, enlightened and responsible wife and a mother. It was only after the departure of the applicant to his new unit in July 2023 from Air Force Station, Singharsi, her husband complained of sexual harassment against the applicant by submitting a written complaint in the month of October 2023 to the Air Force Authorities, which clearly establishes that she was more than a willing accomplice in the episode and the ‘hue and cry’ raised by the lady was meant to save her face only that too at a later date when the applicant was in no position of authority which could damage her professionally. With regard to their purported stay at Hotel, Mount View, Siliguri, on 20/5/2023, the applicant had vehemently stated that the hotel is located 500 Kms away from his Unit location and that he was very much present on that day at the Unit location and had also signed the documents, such as cash registers etc, as proof of his presence on the day. As regards signing of the documents at a later date by mentioning the date as ’20/5/2023’, it is our opinion that since the applicant had no clue about the impending complaint against him by Sgt Santosh Gupta, that too after his departure from that Unit, he could not have taken the trouble of signing the documents later with earlier dates and also got the same countersigned by his

superior officer. Despite repeated directions to the Respondents, the relevant documents/record have not been produced before the Tribunal. Thus, it does give rise to doubt about the presence of the applicant with the lady in the Hotel in Siliguri.

16. We are also conscious of the fact that the personnel of our Armed Forces need to maintain personal probity and morality in their personal life and the organization rightly expects them to be above reproach. We are also not making light of the importance of maintaining discipline in the Air Force or for that matter, in the Armed Forces, without which it cannot function as a cohesive fighting force. However, having heard the counsels for the parties and having perused the material on record, we are of the opinion that the Applicant alone cannot be blamed for physical relationship which he developed with the wife of the complainant, Mrs Kamini Gupta, which was consensual and the lady also is to be blamed for the relationship with the applicant.

17. Considering all the aspects and taking a holistic view of the facts and circumstances in this rather sordid episode, involving the Applicant herein and Mrs Kamini Gupta, wife of Sgt Santosh Gupta and the one sided action taken against the applicant by the Respondents, it is our considered opinion that the punishment awarded to the applicant was extreme and very much disproportionate to the offence committed by him as the lady in question was also at fault. Hence, the prayer of the applicant merits consideration. Though we are not granting any ‘presumption of innocence’ to the applicant given the fact that the applicant had

rendered two decades of service in the Air Force with no adverse antecedents reported against the applicant prior to this incident, but still he should have been upright enough to avoid making a relationship with the wife of a fellow Airman. Hence, the applicant cannot be absolved fully of the act committed by him in that he intentionally violated the discipline of the Air Force by stealing the love and affection of wife of a fellow Airman even though the relationship was consensual.

18. However, the violation of the Instructions of the Air Force promulgated vide Air HQ/25420/3/Lgl dated 04/2/2010 by the applicant is a grave misconduct and reflects poorly on the character of the applicant who was a member of the Armed Forces of the country. Moreover, it must be seen that if any member of a disciplined force indulges in misdemeanor, he has to be punished for the same to ensure that the discipline of the Forces is not compromised by any individual. Taking into account the overall facts and circumstances of this case as narrated above, we set aside the Impugned Order to the extent of punishment of Dismissal as ordered vide Order dated 05/8/2024 passed by the Air Officer Commanding-in- Chief, Eastern Air Command and modify it to reduction by one Rank of the applicant as the punishment of the Dismissal is far disproportionate to the charges levelled against him in the instant matter . Accordingly, it is directed that ends of justice would be met if he is deprived of the rank of Sergeant and reduced to the rank of Corporal and treat his discharge from Air Force on the original designated date, ie, 30/9/2024. It is also directed that the applicant be reinstated in Air Force service wef 05/08/2024, ie, the date of his dismissal till 30/9/2024 in the rank of Corporal. However, he would not be eligible for the pay and allowances for the

period 05/08/2024 to 30/9/2024. It is further directed that the applicant be granted pensionary and other terminal benefits as per his rank of ‘Corporal’ wef 01/10/2024. The arrears of pensionary benefits since 01/10/2024 accruing to him shall be paid to him within a period of eight months from the date of receipt of this Order, failing which, the applicant would be entitled to receive interest @6% per annum on the amount of arrears.

19. The OA is partly allowed and disposed off accordingly. No order on costs.

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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