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Union of India & Ors. v. 794898 T. Ex. Corporal Abhishek Pandey

Civil Appeal · 2019 INSC 1230Decided 8 Nov 2019
Civil Appeal Nos. 4780-4781 of 2018
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

The respondent, an Indian Air Force airman with a record of multiple disciplinary punishment entries, was warned in April 2012 that he was a "habitual offender" and would be discharged if he committed another act of indiscipline. He nonetheless committed a further act of indiscipline shortly after, was issued a show-cause notice, and was ultimately discharged from service under the Air Force Rules as unsuitable for retention. The Armed Forces Tribunal set aside his discharge, holding that the governing 1996 Habitual Offenders Policy required a second warning before discharge, and awarded him 25% back wages, prompting the Union of India to appeal.

Decision Breakdown

The Supreme Court held that the Tribunal had misread the Policy: a second warning letter is only mandatory under paragraph 2(b) of the Policy where the competent authority decides to give the airman one more chance before a final decision; it is not required where the authority decides, after the show-cause process, to proceed straight to discharge. Since the respondent had already received a warning, had not disputed the further misconduct, and had been given a proper show-cause opportunity before the final discharge order, there was no violation of the Policy's procedure. The Court therefore set aside the Tribunal's judgment and allowed the Union of India's appeals, upholding the discharge.

Lesson Learnt

Procedural safeguards in service policies (such as a "second warning" requirement) apply only in the specific circumstances the policy describes, here, only when another chance is being given, and a disciplinary authority need not create or invoke a step the policy does not actually command, so long as the employee was given a genuine show-cause opportunity before the final decision.

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

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