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Amit Kumar Roy v. Union of India & Ors.

Civil Appeal · 2019 INSC 720Decided 3 Jul 2019
Civil Appeal Nos. 4605-4606 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

The appellant, an Airman enrolled in the Indian Air Force in 2004 for a 20-year term, applied for and was selected to a Probationary Officer post at the Bank of India in 2010-11 without first completing the mandatory seven years of service or obtaining his unit's prior permission, in violation of a governing Air Force Order. After a tribunal initially granted him a provisional No Objection Certificate (NOC) and discharge, letting him join the bank in 2011, the Air Force authorities later formally rejected his NOC application on technical grounds (pay-scale non-equivalence and his trade's "critical manning" status) and cancelled his provisional discharge, ordering him to return to duty. Because he never received a clean discharge, the bank terminated his employment, and his challenge to the Armed Forces Tribunal's dismissal of his case reached the Supreme Court.

Decision Breakdown

The Supreme Court rejected the appellant's argument that he had an unqualified fundamental right under Article 19(1)(g) to choose his employment and leave Air Force service at will, holding that Article 33 of the Constitution permits Parliament to restrict such rights for armed forces personnel, and that the Air Force Act, its rules, and Air Force Order 14/2008 validly impose service-completion and permission requirements tied to operational needs and trade criticality. However, invoking its special equitable power under Article 142 of the Constitution, the Court noted that nearly eight years had passed since the appellant left the force and that reinducting him at this stage would serve no purpose except subjecting him to disciplinary action. It therefore directed that a final NOC and discharge certificate be issued to him within three months, conditional on his depositing Rs. 3 lakh with the Union of India within two months: a practical, compromise resolution rather than either upholding his original right or forcing his return to service. The connected appeal raised no separate point and was disposed of in identical terms.

Lesson Learnt

Members of the armed forces do not have an unrestricted constitutional right to quit for civilian employment mid-engagement, but where years have passed and practical realities make reinstatement pointless, the Supreme Court can use its special equitable powers to craft a fair resolution (here, a discharge conditioned on a monetary deposit) rather than mechanically enforcing the technical legal position on either side.

Official source (sci.gov.in)View Judgment (PDF)

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